Wei's law
In view of the complexity of laws and regulations in the Han Dynasty, Wei Mingdi changed the system of sentencing by imperial edict, and formulated a new law of 18, which was later called Wei Law or Cao Wei Law. The new law carried out a major reform of the old law in Qin and Han dynasties;
First of all, the word "by law" in the Classic of Law was changed to "the name of punishment", which was placed at the top of the law;
Secondly, the "eight-point proposal" system was formally incorporated into the code;
Thirdly, the structure and content of the code were further adjusted, which made China's feudal code take a big step in systematization and scientificization.
The Promulgation of Jin Law and Annotation Law
In the third year of Taishi Gong in the Western Jin Dynasty, Emperor Wu of Jin promulgated the Jin Law, also known as Taishi Law. The golden law continued to reform the laws of Han and Wei dynasties;
(1) Streamline legal provisions to form a pattern of 20 articles and 602 articles.
(2) Compared with Wei Law, laws and regulations were added after the Criminal Name Law, which enriched the content of the general principles of criminal law.
(3) At the same time, the specific provisions of criminal law have been rearranged, which has taken a big step towards "lenient punishment" and "prohibition of simplification".
Zhang Du Annotated the Law: At the same time when the Jin Law was promulgated, legalists Zhang Fei and Du Yu annotated it and summarized the criminal law theory and criminal legislation experience of past dynasties. It was approved and promulgated by Emperor Wu of Jin Dynasty and had the same legal effect as the Jin Law. Therefore, Jin Law is also called Zhang Du Law.
The Formulation and Promulgation of Laws in Northern Wei Dynasty
The rulers of the Northern Wei Dynasty absorbed the legislative achievements of the Han and Jin Dynasties and adopted the advantages of various codes. After comprehensive comparison, they compiled 20 Laws of the Northern Wei Dynasty, which became a famous code at that time.
Formulation of the Northern Qi Law
The Beiqi regime comprehensively summed up the legislative experience of past dynasties, and after more than ten years, it was the most standardized code "Beiqi Law" at that time. Northern Qi Law *** 12.
Features: The name of crime and laws and regulations are combined into one chapter, which enriches the general principles of criminal law and refines the specific provisions of criminal law, making it 1 1, namely, preventing health, engaging in family marriage, promoting wealth, violating regulations, cheating, litigation, theft, arrest, destruction, stable grazing and miscellaneous laws.
Influence: The laws of the Northern Qi Dynasty played a connecting role in the history of feudal law in China, and had a far-reaching impact on the legislation of feudal later generations.
Changes in legal forms
Great changes have taken place in the legal form during this period, forming a legislative pattern in which law, order, reason, ratio, style and style are used together.
Subject (1) plays a supplementary and flexible role in laws and decrees.
(2) The case is the same as the order, and plays the role of supplementing the law. Both of them have the nature of criminal law, which is different from the cases with the nature of administrative law in Sui and Tang Dynasties.
(3) Comparison means analogy or analogy, that is, dealing with similar cases that are not expressly stipulated in the law according to typical cases or similar laws.
(4) Formula is a document program.
Second, the development and change of the code content.
It is mainly manifested in the further strengthening of legal Confucianism: with the changes of social, political and economic relations in the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, the legal content has also developed, mainly in the further development of the combination of etiquette and law. That is to say, on the basis of legal Confucianism after the mid-Han Dynasty, the Confucian ethical norms were upgraded to legal norms more widely and directly, so that etiquette and law were integrated to a greater extent. Specific performance in the following aspects:
"Eight Opinions" Entering the Law and the Establishment of "Official Position" System
(1) "Eight Opinions". When formulating Wei Law, he formally stipulated this system on the basis of "Eight Kings" in Zhou Li, mainly providing legal provisions for mitigating or exempting crimes committed by feudal privileged figures, including:
(1) Discuss relatives (relatives of the emperor)
(2) Discuss the past (Old Emperor)
(3) Discuss sages (people with traditional virtues and influence)
(4) discussion ability (very talented)
(5) On merit (great merit)
⑥ Yigui (aristocratic bureaucrat)
⑦ Diligence (Diligence for the Imperial Court)
8 Debate guest (former royal family)
Since then, "eight opinions" have become an important content of criminal laws in past dynasties, and the famous laws and regulations in Tang Dynasty stipulated the eight opinions system after five punishments and ten evils.
(2) "official". The privilege system of allowing officials to use official titles to atone for their sins officially appeared in the laws of the Northern Wei Dynasty and Chen Law.
(1) Northern Wei Law? The chapter of legislation stipulates that every knight is guilty and is an apprentice for 2 years;
(2) The provisions of the Chen Law in the Southern Dynasties are more detailed, and the imprisonment of any official is used in combination with redemption. If an official commits a crime, he will be sentenced to 4-5 years' imprisonment, with 2 years' imprisonment and hard labor for life. If you are sentenced to three years in prison, you are allowed to serve as an official for two years, and the remaining 1 year can be redeemed. It shows that the feudal privilege law was further developed at that time.
The emergence of "Ten Serious Crimes"
In order to safeguard the fundamental interests of the feudal state, the Northern Qi Dynasty stipulated the "Ten Crimes" for the first time in the Northern Qi Law, which is the general name of the ten crimes that endanger the fundamental interests of the ruling class. The "top ten crimes" are:
(1) rebellion (rebellion);
(2) rebellion (destruction of the emperor's ancestral temple, mountain tombs and palaces);
(3) Sentence (mutiny);
(4) surrender (surrender);
(5) Evil rebellion (beating and murdering a relative);
(6) No way (brutal murder);
(7) disrespect (stealing imperial objects and disrespecting the emperor);
(8) unfilial (not serving parents, not mourning according to etiquette);
(9) Evil deeds (killing government officials and teachers);
(10) civil strife (acts between relatives);
Note: The law of the Northern Qi Dynasty stipulates: "Those who commit these ten crimes are not subject to the eight arguments of redemption." Putting the "Ten Serious Crimes" at the top of the law as the object of severe attack has increased the deterrent power of the law.
Reform of penalty system
(1) stipulates the death penalty system such as strangulation and beheading;
(2) It is stipulated that exile punishment is a kind of loan-easing measure of death penalty, which is divided into five grades, each of which is based on 500 miles, and the capital is equidistant from 2,500 miles, with a limit of 4,500 miles, and is punished with flogging;
(3) To stipulate flogging, reform the previous five-punishment system, and increase flogging (which was adopted in the late Northern Qi Dynasty and the Northern Zhou Dynasty);
(4) Abolish the castration system. The Northern and Southern Dynasties successively announced the abolition of castration, ending the history of using castration.
The establishment of "quasi-five confessions"
"Jin Law" and "Northern Qi Law" have successively established the system of "quasi-five-service crime".
(1) Concept and classification of clothing system: Clothing system is a system marked by mourning in feudal society of China, which is used to distinguish the range and rank of relatives. Clothing system can be divided into five grades according to the distance relationship: cutting down, Cui Zi, Dacheng, Xiaocheng and Numbness.
(2) The effectiveness of the servitude system: the servitude system not only determines the rights and obligations such as inheritance and support, but also determines the severity of punishment when relatives commit crimes. For example, cutting off the highest elders of pro-slavery system, reducing or exempting punishment, and aggravating punishment. Serving relatives is a distant relative, and the punishment of elders who commit inferiority is relatively heavy, and the punishment of elders who commit inferiority is relatively light.
(3) The establishment of the principle of "five-service crime" completely combined the Confucian etiquette and law system with the application of law, which was another major development of feudal Confucianism since the Han Dynasty advocated "the unity of etiquette and law". It not only reflects the characteristics of "paying equal attention to etiquette and law" in Jin Dynasty, but also concentrates the characteristics of feudal legal ethics in China. The crime of five servings became an important part of the feudal legal system, which had a wide influence until the Ming and Qing Dynasties.
Repeated death penalty system
The death penalty review system refers to the system of requesting the emperor to approve the execution of the death penalty. This system was formally established in the Northern Wei Dynasty, which laid the foundation for the three commutation of death sentences in the Tang Dynasty. The establishment of this system not only strengthened the emperor's control over judicial trials, but also reflected the emperor's sympathy for the people.
Third, the judicial system in Wei, Jin, Southern and Northern Dynasties.
During the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, the names and organizational systems of the judicial organs in each dynasty basically inherited the Han system. At the same time, in order to meet the needs of the new situation in this period, they developed greatly on the basis of the Han Dynasty.
In Wei Mingdi, Wei Yan added a doctor of law to teach legal knowledge to improve the professional quality and trial level of judicial officials. The Western Jin Dynasty inherited this practice and added other officials. To the Northern Qi Dynasty, Tingwei officially changed its name to Dali Temple, and Dali Temple was the official and deputy. The establishment of Dali Temple strengthened the judicial function of the central judicial organ and laid an important foundation for future generations to improve this institution. During this period, the status of Shangshutai was further improved. Among them, "San Gong Cao" and "Two Thousand Stone Cao" were in charge of judicial trials and prison accounts at the same time, which provided a premise for the ministers of the Sui and Tang Dynasties to be in charge of trial review.
During the Three Kingdoms, the Jin Dynasty, the Southern and Northern Dynasties, the central governing body gradually changed from a one-province system to a three-province system. At this time, Shangshutai in the Eastern Han Dynasty has developed into the highest administrative organ of the central government, with a more elaborate system and division of labor. This major change in the political system has had a far-reaching impact on the development of judicial institutions. At this time, although there was no specialized judicial administrative organization, various specialized departments had been set up under the Shangshutai, and one of them was in charge of judicial administrative affairs throughout the country and also managed criminal prisons. The Chief Executive is usually called Shangshu. To the Southern Liang and Northern Qi Dynasties, Shangshutai was officially changed to Shangshu Province, and Shangshu belonged to "Six Cao". For example, in the temple of the Northern Qi Dynasty, Shang Shu was in charge of "all Cao prisoners' accounts, convicts, pardons and golden roosters". All officials and ministers are responsible for "checking imperial edicts and laws" ("Sui Shu? Hundreds of officials), has begun to have the nature and scale of later criminal names. The gradual improvement of the system in which the central administrative organs were concurrently in charge of the judiciary laid the foundation for the development and improvement of the judicial system in Sui and Tang Dynasties.