(1) Cautious punishment with morality: The Western Zhou Dynasty skillfully linked heaven with morality and morality with punishment, and under the guidance of the principle of "matching heaven with morality", formed the legal thoughts of "Cautious punishment with morality", "unforgivable punishment" and "light punishment in the world".
(2) Lu Punishment: Lu Punishment, also known as Fu Punishment, recorded the general situation of ordering the Duke of Zhou to Lu Hou to carry out legal reform, and was a representative code in the middle of the Western Zhou Dynasty.
(3) Nine punishments: one refers to the punishment book of the Zhou Dynasty, and the other refers to the punishment of the Western Zhou Dynasty. The five punishments of Jimo, Zuo 'e, Gongdi and Dida, plus redemption, flogging, slapping and drifting, are collectively called "nine punishments".
(4) The relationship between ceremony and punishment: 1. Ceremony and punishment are two inseparable parts in the legal system of the Western Zhou Dynasty, and the isomorphism of * * * became a complete legal system at that time. Among them, etiquette is a positive norm, and punishment is in a passive position, and the two complement each other. 2. The legal principle of "Don't salute Shu Ren, don't punish the doctor" began in the Western Zhou Dynasty. The absence of Shu Ren's ceremony meant that Shu Ren could not act according to the etiquette of the nobility. And "punishment is not on the doctor" means that nobles above the doctor commit crimes, can get some forgiveness and enjoy some privileges when applying punishment. But this does not mean that the scholar-officials can be exempted from punishment.
5] Criminal legislation:
A. Principle of penalty application: 1. The principle of reducing or exempting the old and the young: three exemptions-the old and the young and the foolish. 2. Distinguish between intention and negligence, recidivism and occasional crime: three mistakes-negligence, ignorance and forgetfulness; Neglect-life; Intentionally-not born; Recidivism-only the ending; Accidental crime-not final. 3. The principle of lesser suspicion and heavier suspicion. 4. The principle of leniency and moderation.
B. Principal crime: 1. Political crime: disobeying the king's orders; Thief (breaking etiquette); Wisdom (hidden thief). 2. Crime of disturbing social order and infringing on personal and property: sodomy (robbery by gathering people); Stealing (stealing property); Rape (stealing a national treasure). 3. The crime of dereliction of duty: only official (fear of power), only rebellious (perverting the law), only internal (being a relative of perverting the law), only product (taking bribes and perverting the law), only coming (being asked to pervert the law-mediating and accepting bribes).
(6) Civil legislation:
A. Contract: In the Western Zhou Dynasty, there was a special official management contract, called "contract", and there was a "pledge" as a specific market manager; Pledge agent, which is applicable to the contract form of buying and selling relationship; Contract form of loan relationship.
B. marriage: three principles-monogamy; Not married with the same surname; Parents' orders: "Six Gifts"-Receiving Gifts, Asking Names, Naji, Receiving Gifts, Inviting Parties, and Greeting Relatives: "Seven Outings"-Failing to honor parents, childless, lewd, jealous, abusive, talkative, stealing: "Three Don't go"-marrying without returning; And more than three years of mourning; Before poverty, after wealth.
C. Patriarchal inheritance: eldest son inheritance system. (Early Shang Dynasty: father died and son succeeded, brothers and sisters. Late Shang Dynasty: The eldest son inheritance system was firmly established. )
(7) Judicial system:
A. Grand Scott: During the Western Zhou Dynasty, Grand Scott, the permanent supreme judicial officer of the central government, was actually responsible for assisting Zhou Wang in presiding over the national judicial work.
B. Prison and litigation: the trial of civil cases is called "trial" and the trial of criminal cases is called "breaking the prison".
C five listening: first, listening with words, second, listening with colors, third, listening with gas, fourth, listening with ears, and fifth, listening with eyes, that is, judging the truth or falsehood of the parties' statements by observing words and colors.