On the one hand, national land basically exists in the form of royal land and commune land. Part of the land owned by the royal family is cultivated by the Qin women in Mouche as shares, and the cultivators pay taxes in kind; Part of it is cultivated by military families as a reward for military service.
On the other hand, code of hammurabi has begun to confirm and protect the limited private ownership of land, and made clear provisions on the sale, mortgage, lease, gift and inheritance of private land and houses. But it is generally limited to communes and families. As for the private ownership of movable property, it is quite developed and the private property of slave owners is strictly protected.
Second, the social structure.
Babylonian residents were divided into free men and slaves. Slaves are not regarded as human beings in law, not as subjects of rights, but as chattels of slave owners. Freemen are divided into two different classes. The first class is called Avilum, including kings, ministers, monks, businessmen, usurers, yeomen and craftsmen. They enjoy full rights.
Another class is called Mouche Qinnu, which refers to those who rely on and serve the royal family. Their legal status is lower than that of Avilumu. However, due to their close relationship with the royal family economy, their personal and property are also strictly protected by law.
Three. Law on marriage, family and inheritance.
According to the code, Babylon implemented the system of buying and selling marriage based on contract. The contract is signed by the man and the woman's father, and the man pays the deposit and price to the woman's father.
The law allows husbands to take concubinage, and husbands can leave their wives at will. Only when the wife is framed by her husband and he is extremely abusive to her can the wife ask to leave her husband. With regard to inheritance, the law establishes the principle of family inheritance. After the death of parents, the son can inherit an equal share of the inheritance, and the daughter gets a share as a dowry.
Fourth, the creditor's rights law.
Adjusting economic relations is an important content of code of hammurabi. At that time, the main form of debt was contract, in addition to tort debt. Contracts include buying and selling, lending, leasing, contracting, custody, partnership and employment. In order to ease social contradictions and stabilize economic order, the code restricts usury.
Verb (abbreviation of verb) criminal law.
The Criminal Law stipulates crimes of state affairs, crimes against persons, crimes against property, crimes against marriage and family, crimes of false accusation, crimes of perjury and crimes of taking advantage of duty. The punishment is cruel, such as burning and drowning. In addition to the universal application of the death penalty, amputations are also carried out, such as gouging out eyes, cutting ears, cutting tongue, cutting breasts and cutting fingers. The code also retains the clan customs of homomorphic revenge and joint and several liability.
Sixth, the litigation system.
The head of the commune also has basic judicial power, and the royal judge is appointed by the king to be responsible for the trial of cases in major cities. The king enjoys the highest judicial power and can appeal to the king if he refuses to accept the judgment. The king enjoys the right of pardon and personally tries some major criminal cases. In the kingdom of Babylon, there is no clear division between criminal litigation and civil litigation.
Judging from the provisions of the code, civil cases are filed by private individuals, witnesses are summoned to court by private individuals, and most of the punishment results are also executed by private individuals. For more serious criminal cases, they are all prosecuted by the state. Oath and trial by ordeal are legal and important forms of evidence.
Extended data
Progressives
Code of hammurabi is the embodiment of ancient oriental law from the common law stage to the written law stage. Independent of religion, it established the ruling order of the slave-owning class with mandatory norms and effectively adjusted the social relations of the slave countries in the early ancient East. Its distinctive legal features, meticulous provisions and accurate written expression are incomparable to other early human laws.
limit
Code of hammurabi embodies the cruelty and harshness of criminal law and the inequality between people, which is different from the humanitarianism and equality spirit of modern law. Its preface says, "let the light of justice shine on the earth, eliminate all evil and evil, and let the strong not oppress the weak." It seems to express the justice and fairness of this code and everyone is equal. But through its content, we can find that the code is actually protecting the imperial nobles and slave owners themselves.
Its content: "If the nobles hurt the eyes of civilians and slaves, they can be exempted from compensation and will not be compensated; When civilians hurt each other's eyes, they need to let their own eyes suffer the same damage; Civilians only need to pay half the cost to hurt slaves' eyes; When slaves hurt the eyes of nobles, they should pour oil and lead into their ears. "All kinds of unfair terms actually reflect class discrimination and slavery at that time, not fair laws.
Baidu Encyclopedia-code of hammurabi
People's Network-code of hammurabi: The most complete written code in the legislative history.