The main characteristics of Qin law

First, abolish the old law and keep the old system. During the alternation of the old and new systems in the Spring and Autumn Period and the Warring States Period, Qin Law, as a written law to maintain the new system, clearly stipulated some legal contents to restrict slavery. For example, it is forbidden to take hostages to pay debts, and offenders are "poor" to limit the expansion of debt slaves. According to the military discipline law, slaves can be exempted from slavery and get corresponding results.

On the other hand, Qin law, as a law in the social transition period, will inevitably retain some remnants of the transitional old system, such as: prisoners are slaves; Some criminals or related personnel are not slaves; Handmaiden children are hereditary slaves; Slaves can buy and sell rewards; If the master kills the slave, the slave has no right to sue, and the government is not allowed to accept it, insisting that the accuser is guilty; These laws and regulations obviously tend to protect and expand the remnants of slavery.

Second, law is more important than ceremony, and the rule of law should be strictly enforced. Under the guidance of the pre-Qin legalists' principle of "rule by law", the Qin regime abandoned the concept of "rule by courtesy" and insisted on "legislation by knowing the law". By burning books to bury Confucianism, unifying thoughts, taking officials as teachers and teaching by law, the legal system and dictatorship of absolute monarchy are established, so that Qin law is more important than ceremony.

Third, severe punishment and misdemeanor, severe punishment. Qin law inherited the conviction and sentencing principle of "heavier punishment than lighter punishment" of pre-Qin legalists, and formulated a set of severe punishment system. For example, the former Qin law stipulated that "stealing mulberry leaves and hiding (stolen goods) are not profitable" and it will take "thirty years"; If the stolen goods of more than five people are worth one dollar, cut off the left toe and make it a city Dan; Even "slanderers"; "Dare to have an endorser"; "Liars have no classes"; "Those who dare to speak occasionally abandon the market"; As a result, the number of criminals and prisoners has soared.

Fourth, the content is rich and the system is complex. As mentioned above, Qin law is very rich in content and wide in adjustment scope. It is based on the legislative principle of "King should govern, don't rush thieves" established by Li Kui's Classic of Law, with the basic content of safeguarding the ownership and personal safety of public and private property and consolidating the social order of absolute monarchy, involving many aspects of social relations. However, due to the limitations of early legislative techniques, Qin law has not been systematized.