During the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, the rule of law ―― the confluence of etiquette and law, resulted in frequent legislative activities.
The Jin Dynasty inherited the Qin and Han Dynasties and the Sui and Tang Dynasties. Major changes have taken place in the guiding ideology of legislation, and legislative activities are frequent. & gt& gt As far as the legal content is concerned, the laws of this period were characterized by the confluence of etiquette and law, and a series of legal principles and systems embodying the ethical spirit were determined, thus basically completing the process of Confucianism of China's traditional laws and laying the foundation for the development and final maturity of China's legal system in the Sui and Tang Dynasties. The general development trend of the guiding ideology of the legal system in the Three Kingdoms, the Jin Dynasty, the Southern and Northern Dynasties is to continue to promote the Confucianism of the law along the thought of "morality first, punishment second" established in the Han Dynasty, and further introduce the ceremony into the law. During the Three Kingdoms period, the guiding ideology of legislation continued to be Confucianism. For example, it advocates the combination of legalism and Confucianism, the combination of ceremony and punishment, and the change of social situation. During the Jin Dynasty, due to the development of the rule of the gentry, the Confucian thought of "different manners" was more suitable for the political needs at that time, and etiquette was actively introduced into the law, which promoted the further Confucianism of the law. & gt& gt During the Southern and Northern Dynasties, the legal thoughts of the Southern Dynasties followed the Western Jin Dynasty and preached ethics, with little effect. Although the Northern Dynasties were mostly established by ethnic minorities, they soon accepted Confucianism after entering the Central Plains and were deeply influenced by the legal culture of Han and Jin Dynasties. They quickly established the guiding ideology of legal system based on morality and propriety, and made great achievements in legal system construction. During the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, there were frequent legislative activities guided by Confucianism, and several important codes marked the fruitful results of legislative activities in this period. The early legislative activities of the>& gt Three Kingdoms followed the stages of Chinese system and Chinese law. At that time, the social situation was unstable and countries did not have the conditions to formulate new laws. They all seem to be justified: they insist on orthodoxy, and Cao Cao "holds the emperor to make the princes." In contrast, most of the laws of the Sun Wu regime were inherited from the Han system, and few achievements were made. & gt& gt Shu Han claimed to be a relative of the Han nationality, and the title of "Han" showed the orthodox status of this regime. Therefore, the laws of Shu and Han can only be slightly modified, added or deleted on the basis of following the Chinese laws. & gt& gt The legislators of Shu and Han are mainly. During his reign, he made many military orders and regulations. The most important legislative activity in Shu-Han period was the establishment of Shuk. This is the basic code of Shu Han. Shuk, also known as Hank, involves criminal, civil and litigation legal systems. & gt& gt Shuke's criminal legal system includes two parts: criminal name and crime type. The criminal names include Sanyi, abandoning the city, beheading, sitting together, flogging, abolishing the punishment of immigration, confinement, demotion and dismissal from office. The types of crimes include crimes of endangering political power and imperial power, crimes of official dereliction of duty, crimes of invading mausoleum ministers, and crimes of military disadvantage. & gt& gt Shuke's civil legal system includes economic legislation and other provisions. The economic legislation of Shu-Han law can best reflect the restriction on Yizhou's local strongmen. The legislation and measures of the Shuhan regime, such as casting big money and monopolizing salt and iron, directly hit Yizhou strongmen. Other regulations include prohibition of alcohol and taking different surnames as surnames. & gt& gt Shuke's litigation legal system includes the establishment of judicial institutions, the system of torture and the concept of "forgiveness". In Shu Han, the Prime Minister is the chief executive. The trial of major cases must be approved by the Prime Minister. Shu Han established Dali and presided over the trial. There is also a captain who is in charge of public security in the capital and supervises officials; The supervisor is engaged in criminal detention, and the law is doubtful; Zheng Jun is a law enforcement officer in the army. & gt& gt In addition to the above, local guards and laws are also responsible for public security and law enforcement in a place. The torture system of Shu Han is harsh. As for the idea of "forgiveness", Zhuge Liang was in power in the last days, and there were always two amnesties, both of which were carried out when the emperor ascended the throne. After Zhuge Liang's death, Fei destroyed this idea and granted amnesty to the whole world almost every year, which was criticized by Meng Guang and others. & gt& gt In addition, Shu and Han signed international treaties. The "international treaty" of Shu and Han mainly refers to the "China-Ukraine alliance" signed with in 229. The Covenant says: > >; If it is harmful to Han, Wu will cut it; If it harms Wu, it will be cut by Han. Keep water and soil, and do not invade. & gt& gt Among them, in fact, some principles of communication between the two parties have been clearly established. In fact, before the demise of Shu Han, both sides basically abided by this Covenant. The representative legislative achievements in the Three Kingdoms period were Cao Wei Law, also known as New Law and Wei Law. & gt& gt After Cao ascended the throne at that time, the three countries were evenly matched, the internal rule of Cao Wei was relatively stable, and the economic and cultural undertakings developed, so the task of formulating a new law was put on the agenda. & gt& gt During this period, there were 18 new laws, 45 state and county decrees, 180 ministerial orders and military orders, which were used as criminal, civil, military and administrative regulations respectively. Among them, the new law 18 is the most important, and it is the basic code of the country in Cao Wei period, so it is called Wei Law. & gt& gt Wei Law is an important code of Wei State, which was written in 229 AD by Chen Qun and Liu Shao. On the basis of the Nine Chapters of Han Dynasty, Wei Law changed the law of prosperity to the law of good prosperity, deleted the law of stability, changed the law of residence to the first charge in the whole law, and added the charges of robbery, fraud, disintegration, destruction, accusation and accusation. The>& gt Wei Law carried out a major reform on the old law inherited from the Han Dynasty, mainly in the following aspects: adding articles and basically solving the crime of omission caused by few articles. & gt& gt changed "Jufa" to the name of punishment, ranking first in the law, which changed the situation that the style of Chinese law was not reasonable enough; Absorb extra-legal chapters, adjust and summarize the contents of each chapter to make the content concise and the style fluent. & gt& gt formally stipulated the "Eight Discussions" clause in the law to safeguard the bureaucratic privileges of the royal aristocrats, which marked the further codification of the feudal hierarchy principle. & gt& gt has made some reforms to the penalty system. Statutory punishments include death penalty, punishment, finished product punishment, punishment, redemption, fines and miscellaneous compensation, and some punishments have been reduced, such as abolishing throwing books and markets, limiting the scope of sitting on the ground, prohibiting false accusations and private retaliation. & gt& gt The legislation of the Western Jin Dynasty mainly formulated the Jin Law. Jin Law is famous for its simplicity, which is a milestone in the history of China's ancient legislation from complexity to simplicity. The Golden Law was the only law that prevailed in China during the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties. It was used by Liu Song, Nanqi, Nanliang and Chen Nan during the Eastern Jin and Southern Dynasties. This is the longest password used in this period. > > The Jin Law was completed by Emperor Wu of Jin in 267 and promulgated the following year, but it began with his father Si Mazhao assisting Kevin·Z. At that time, Si Mazhao ordered yang hu, Du Yu and others to start compiling with reference to Han Law and Wei Law, and Sima Yan established the Western Jin Dynasty soon. & gt& gt was promulgated in Taishi Gong period, so it is also called Taishi Law. Zhang Fei and Du Yu annotated the Jin Law, which was approved by Emperor Wu of Jin and promulgated to the world. This note has the same legal effect as the law, so the law is also called Zhang Du Law. The titles of>& gt "Jin Law" range from 18 to 20 articles, with more reasonable style and more accurate wording. Jin Law divides the chapter of Wei Law into two parts: criminal name and legislation, and puts it in the first place, perfecting the general principles of criminal law in Wei Law. > > The Jin Law adapts to the needs of gentry landlords and bureaucratic landlords, and provides a series of laws to protect their privileges, such as the punishment of "miscellaneous compensation", that is, grabbing titles, removing names and removing officials. The "Five-service System" was introduced into the code for the first time in the Jin Law, which is the principle of "quasi-five-service system crime" as a criterion to judge whether it constitutes a crime or not and to measure the severity of a crime. It is not only applicable to the situation of mutual infringement and injury between relatives, but also used to determine civil rights and obligations such as maintenance and inheritance. & gt& gt "Five Clothing" system is a mourning system for dead relatives in China Rites. It stipulates that the mourning system is different among relatives with different kinship, and accordingly, the relatives are divided into five grades, from relatives to relatives, namely Cui Zi, Dagong, Hong Xiao and Hema. The applicable principle of "quasi-five-service punishment for crimes" in the criminal law is that relatives commit crimes, and people who commit inferior crimes are punished more than ordinary people. The closer the relationship, the heavier the punishment; If you respect criminals, the punishment will be lighter than ordinary people. The closer the relationship, the lighter the punishment. Relatives * * *, the punishment is heavier than ordinary people, the closer the relationship, the heavier the punishment; Relatives steal from each other, and the punishment is lighter than ordinary people. The closer the relationship, the lighter the punishment. In civil cases, if there is a criminal act of transferring property, the closer the relationship, the lighter the punishment. & gt& gt The Jin Law is the first Confucian code in Chinese history, which plays a very important role in the history of Chinese legal development. The laws of the Southern and Northern Dynasties and even the Sui and Tang Dynasties were branded with it. & gt& gt The establishment of the principle of "quasi-five-service penalty crime" completely combined the Confucian etiquette and law system with the application of law, which was another major development of feudal Confucianism since the beginning of "the integration of etiquette and law" in the Han Dynasty. 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. & gt& gt From the laws of the Western Jin Dynasty to the laws of the Ming and Qing Dynasties, "quasi-five-term imprisonment" has always been an important part of feudal laws, and it has been continuously enriched and improved in practice. & gt& gt During the Southern and Northern Dynasties, the regime of the Southern Dynasties basically followed the Jin Law. Relatively speaking, the legal achievements of the Northern Dynasties were far superior to the legislation of the Southern Dynasties. The laws of the Northern Wei Dynasty and the Northern Qi Dynasty are important codes of the Northern Dynasty. & gt& gt Cui Hong, Ho Choi, Gao Yun and Liu Fang were the original makers of the laws of the Northern Wei Dynasty, and they were all gentry of the Central Plains. According to the laws of Han Dynasty and Wei and Jin Dynasties, they compiled many times. Finally, when they arrived at Emperor Xiaowen of the Northern Wei Dynasty, Dr. Chang Jing and others wrote 20 articles. Although there will be continued editing in the future, it will not change much. & gt& gt Its contents include eight suggestions, official duties, reduction and exemption of old and young, public crimes and private crimes, aggravating recidivism, etc. On charges, there are death penalty, exile, imprisonment, flogging and flogging. In terms of charges, there are disrespect, immorality, unfilial, false negligence, murder, theft, hiding accounts, officials taking bribes, and bending the law. & gt& gt The "official position" system also appeared for the first time in the laws of the Northern Wei Dynasty. "Official position" is a privileged system in feudal society that allows officials to use official titles to offset behaviors. & gt& gt The "land order" in the laws of the Northern Wei Dynasty is a decree to allocate and adjust land in the name of feudal countries and implement the "land equalization system". The order of>& gt played a certain role in limiting the powerful landlords' annexation of land, striving for labor, reclaiming wasteland and improving agricultural productivity, which had a great influence on later generations. & gt& gt The law of the Northern Wei Dynasty is characterized by "accepting courtesy into the law", emphasizing the use of courtesy to guide legislative activities, and demanding the rule of law and the rule of courtesy. It became the source of Tang and Song codes and played an important role in the history of feudal legislation in China. & gt& gt After the Northern Qi replaced the Eastern Wei Dynasty, Wu Chengdi and Gao Zhan of the Northern Qi ordered the compilation of the Northern Qi Law. The editors Xiong Ansheng, Xing Shao, Ma Jingde and Cui Ang are all Confucian scholars. & gt& gt The legal innovation in the Northern Qi Dynasty established the "Ten Major Crimes", which was the origin of the later "Ten Evil Crimes". The laws of the Northern Qi Dynasty are known for their simplicity. The names of punishment and dharma in the Jin Law were merged into the first book of dharma, and the title was reduced from 20 to 12, which was also inherited by the later Sui and Tang Dynasties. & gt& gt In the legislative activities of the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, the Northern Qi Law has the highest legislative level and the greatest legislative achievements, which can be called the crystallization of legislative technology and legislative experience in previous dynasties. In the history of ancient Chinese legal compilation, it had a great influence on later legislation. & gt& gt Huang Kai Law was based on the Northern Qi Law, and the Tang Law was based on Huang Kai Law, which became the legislative basis of the Song, Yuan, Ming and Qing Dynasties, and directly influenced the legal development of other neighboring countries in Asia. & gt& gt In short, the legislative guiding ideology of the Three Kingdoms, the Jin Dynasty, the Southern and Northern Dynasties was further Confucian, and legislative activities were frequent. The feudal regime attached great importance to legislation. While inheriting the traditional legal culture of Qin and Han dynasties, they actively carried out reform and innovation, which promoted the further development of legal Confucianism, standardized legal forms, scientific and reasonable code system and concise laws and regulations, which laid the foundation for the maturity and perfection of the legal system in Sui and Tang Dynasties. & gt& gt[ marginal note] > & gt The gate valve is a general term for aristocratic families and valve readers, which refers to the noble family of officials from generation to generation, and is also called aristocratic family, clothing, clan, gentry, dignitaries, aristocratic families, giant rooms, etc. The gate valve has become a system, and its actual influence has caused the influence of personal background on his official career to be far greater than his own talents and specialties. It was later replaced by the imperial examination system. & gt& gt Zhuge Liang (18 1 ~ 234) was named Kong Ming, formerly known as Long Fu. Langya Yang Du was born in the Three Kingdoms period, which is now yinan county, Linyi City, Shandong Province. During the Three Kingdoms period, Shu and Han were prime ministers, outstanding politicians and military strategists. When he was alive, he was named Wuxiang Hou, and after his death, he was named "Zhong Wuhou". Zhuge Liang was highly respected in later generations and became the embodiment of wisdom. & gt& gt Jiang Wan is from Xiangxiang, Lingling. A famous politician in the Three Kingdoms period. I went to Shu with Liu Bei. After Zhuge Liang's death, he sealed generals, recorded history, sealed Anyang Pavilion, and was ordered to open a government, increase Sima, assist, command Shu and Han armies, and unify the army against Wei. By adopting the policy of closing the country to the outside world, the national strength has been greatly enhanced. & gt& gt Chen Qun was born in Xuchang, Yingchuan, and now he is from east Xuchang, Henan. A famous politician in the Three Kingdoms period, Cao Wei was the most important minister, the main founder of the official selection system in Wei, Jin, Southern and Northern Dynasties and Cao Wei's Wei Law. Qunying Yinhou, Zengcheng 500. Hou Jing. & gt& gt Liu Shao (168 ~ 240), Wei Guangping, from Handan, Hebei. He has a wide range of knowledge, read a lot of books and was once taught by classics. He compiled a book "Huang Lan" and participated in the formulation of the "new law". He is the author of Yue Lun, Xu Du Fu and Du Luo Fu, and many works have been lost. & gt& gt Zhang Fei was born in Wei, Jin, Southern and Northern Dynasties. He used to be a rafter and a captain in the Ming Dynasty. Because of Ding Wei's understanding of the law, he made comments on the Jin Law. At first, he elaborated on the function of the chapter "Criminal Name" with general nature: "Criminal Name means that the weight of criminal law is equal to the difference between addition and subtraction, which clarifies the ambiguity of many chapters, makes up for the shortcomings of its chapters and compares the upper and lower schemes." & gt& gt Mourning means that in a certain period of time, Dai Xiao expressed his condolences to his deceased elders or peers by wearing mourning clothes, black veil or white flowers. The specifications and time of the funeral system in ancient China were formulated according to the strict closeness. From heavy to light, it can be divided into five types: withering, Cui Zi, meritorious service, petty service and numbness. This is called "five clothes". & gt& gt Changjingzi Yongchang was born in Wenxian County, Hanoi, and is now a native of Wenxian County, Henan Province. Northern Wei jurist, doctor of law. Since Cao Wei, doctors of laws have mostly been criminals. Participated in the formulation of the Northern Wei Law, an important code of the Northern Wei Dynasty at that time. & gt& gt Xiong Ansheng was born in Changle Fucheng, now Jiaohe, Shandong. Confucian classics scholar of Northern Dynasties, one of the representatives of Northern Studies. Pass the five classics, and master the three rituals. During the Northern Qi Dynasty, he served as Dr. Guo Zi; Later, he entered the Northern Zhou Dynasty, where he received a doctorate in science. Following the study of Confucian classics in the Eastern Han Dynasty, there were Zhou Li, Li Ji and Xiao Jing. & gt& gt[ Read link] > & gt In order to develop the economy and strengthen the national strength, Cao Cao once issued a concession order, but it was dissatisfied with the powerful landlords who occupied a large amount of land, including seven people, including Zhang Chong, the confidant of Cao Cao's cousin Cao Hong in Changshe County. & gt& gt After hearing this, Cao Cao severely criticized Cao Hong: "Everyone should abide by the laws of the country. As a minister of state, you can't indulge your cronies who know the law and break the law. As my cousin, you should take the lead in enforcing the law. I miss you for following me for many years and making great contributions, so I won't pursue it any more. I hope you will accept this lesson and stop making the mistake of bending the law. " & gt& gt In the end, Cao Hong was persuaded.