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The Origin of China Law
Legal analysis: (1) The establishment of Xia Dynasty and the emergence of China law did not happen at the same time as the emergence of human society, but the product of the development and evolution of human society to a certain historical stage. China is no exception. In the 2nd/kloc-0th century BC, Yu Xia passed the throne to his son Xia Qi, and replaced the original tribal recommendation system with the hereditary system of the throne, which marked the formal establishment of Xia State with Xia Houshi as the core and the formation of the legal system as an important part of the state machine. As early as Xia established his sphere of influence, he began to divide his ruling area into "Kyushu", initially forming the territory of Xia Houshi regime, and managed it separately with clan and tribal leaders around the country, becoming "nine pastures". The laws of Xia Dynasty have the nature of customary law, which mainly includes two parts: ceremony and punishment, which are embodied in the legal forms such as Li Xia, Yu Punishment and Wang Ming. (2) Characteristics of China's legal sources 1. Judging from the ways of law formation, the origin of China law originated in the process of tribal conquest war and sacrificial activities, which mainly experienced two ways: "punishment begins with soldiers" and "ceremony comes from sacrifices", thus forming two different legal sources of ceremony and punishment, and laying a legal tradition of combining ceremony and punishment with ancient characteristics in China. 2. From the basic nature of law, the origin of China law is closely related to the patriarchal hierarchy, and is linked by blood, so it has strong ethics, which directly affects the development direction of China's legal system and the characteristics of legal tradition. Therefore, China's early laws have the dual nature of national law and patriarchal clan system, which is not only applicable to families and clans, but also applicable to the whole country, and this feature has also become the inheritance of later laws. 3. From the perspective of legal system structure, the origin of China law is based on the clan system and its patriarchal kinship. Patriarchal aristocratic groups at all levels have used clan organizations, family laws and regulations, village rules and regulations to mediate civil relations and resolve contradictions and disputes, which has led to the alienation of national private law construction. Therefore, the public law system is extremely developed in criminal, administrative, economic and judicial aspects, while the civil legislation as private law is relatively backward.

Legal basis: None.