I. Overview of Legislation \x0d\ (I) Overview of Legislation in the Three Kingdoms Period \ x0d \ x0d \ The legal system of the Three Kingdoms under the tripartite confrontation generally follows the Chinese system and inherits Chinese laws. But they all have their own laws, especially those of Wei. The Law of Wei formulated by Wei Mingdi had a great influence on later generations. Wei Mingdi and Cao Rui wrote to change the system of fixed sentence, while Chen Qun, Liu Shao and others made eighteen new laws with reference to the Han law. This is the famous Wei Law in the Three Kingdoms period. Wei's large-scale revision of the law is actually a great reform of the old law that followed the Qin and Han Dynasties. The content and provisions of Wei Law are more unified and the structure is more rigorous. It has a direct impact on the formulation of the golden law. After the capital of Shu was established in Chengdu, Yi Ji, Zhuge Liang, Fa Zheng and others "jointly established Shu Branch" became an important code of Shu. \ x0d \ x0d \ In the State of Wu, according to the literature, "the laws and regulations of the State of Wu are mostly made according to the Han system". Its legislative activities. \x0d\\x0d\ (II) Overview of legislation in the Jin Dynasty \ x0d \ x0d \ Laws, decrees, stories and forms promulgated in the Western Jin Dynasty were used in the Eastern Jin Dynasty. Jin Law (also called Taishi Law) has the greatest influence on later generations. Compared with the laws of Han and Wei Dynasties, the Jin Law has the following characteristics: \ x0d \ x0d \1; Legal concepts are more standardized and accurate. Due to the development of law, rulers of Jin Dynasty made an in-depth study of the "reason" of law, and distinguished the essence of law and order for the first time. After the promulgation of the Jin Law, two barristers, Zhang Fei and Du Yu, commented on it, which was approved by the court and promulgated in various places. It has the same effect as the Jin Law and is called the law. \ x0d \ x0d \ 2。 Style setting is more reasonable. In the Jin Law, the chapter "Criminal Name" in the new law is divided into two parts: criminal name and legislation, which is placed at the top of the code to improve the new law. In the name of penalty, the general principles of criminal law strengthen its leading position as all provisions. \x0d\\x0d\ 3。 Etiquette and law are further integrated. In order to protect the interests of the gentry, the rulers of the Jin Dynasty put the ceremony into the law, "strictly observing the etiquette and allowing five clothes to punish crimes". \x0d\\x0d\ (III) Overview of legislation in the Northern and Southern Dynasties \ x0d \ x0d \ Generally speaking, the laws in the Northern Dynasties are superior to those in the Southern Dynasties. Because the rulers of the Southern Dynasties were keen on metaphysics, advocating light law and ignoring the compilation of laws in the ruling and opposition parties, they made no achievements in the feudal legal system and basically followed the Jin Law. \ x0d \ x0d \ The rulers of several feudal dynasties in the Northern Dynasties paid great attention to absorbing the advanced culture of the Han nationality and attaching importance to the compilation of laws and regulations. Among them, the laws of the Northern Wei Dynasty and the Northern Qi Dynasty played a connecting role and played an important role in the historical process of perfecting the feudal code of China. The laws of the Northern Qi Dynasty not only absorbed the legislative experience of the Wei and Jin Dynasties, but also were called "clear and concise laws" after the legalists at that time summarized the gains and losses of previous codification. There are 949 articles 12 in Beiqi Law. Among them, the criminal names and articles of the Northern Wei law were combined into one, which, as a famous example at the beginning of the law, played the role of conviction system and "comparing upper and lower procedures" in the criminal law and enhanced the scientific nature of the feudal code. Twelve Laws completed the reform process of feudal code from complexity to simplicity since Han Dynasty. \ x0d \ x0d \ II。 The great development and change of the legal system \ x0d \ x0d \ (1) created the system of "eight discussions" and "official positions", codified the privilege system \ x0d \ x0d \ Wei Lushou established the system of "eight discussions". This is the further concretization of the feudal hierarchical privilege principle in the application of criminal law, and it is the privilege provision for feudal aristocratic bureaucrats to reduce or exempt criminal punishment. The objects of the Eight Theories are: relatives, the past, talents, abilities, merits, nobleness, diligence and customers. When the above eight kinds of people commit capital crimes, "discussing their crimes" will explain the punishment of the emperor, which can generally be reduced to exile, and the sentence below exile will be reduced by one level. \ x0d \ x0d \ In the Northern Wei Dynasty and Southern Chen Dynasty, the law also established the "official" system. This is a system of feudal law, and officials use official titles to offset the crime of being an apprentice. \ x0d \ x0d \ (II) Five services are made as the basis for conviction and sentencing \ x0d \ x0d \ The so-called "five services", that is, according to the blood relationship, the five service systems of mourning are divided into three years, Cui Zi (one year) and great merit (according to the length of mourning period and the thickness of mourning). Parents take heavy clothes, and those who are sparse take light clothes, which decreases in turn. \ x0d \ x0d \ The so-called "quasi-five-service punishment for crimes" refers to the punishment and conviction of relatives for joint crimes based on the close relationship between the five mourning clothes. The tighter the service system, the lighter the punishment for those who commit inferiority complex, and the heavier the punishment for those who commit inferiority complex; The farther you go, the opposite is true. It is an important embodiment of the establishment of the standard of crime and punishment and the further Confucianism of the whole legal system, which has had an important impact on the feudal legal system of Sui, Tang, Song, Yuan, Ming and Qing dynasties in later generations. \ x0d \ x0d \ (3) Establishment of Ten Serious Crimes \ x0d \ x0d "Ten Serious Crimes" was formally established in the laws of Northern Qi Dynasty, which refers to the ten most serious crimes that the feudal rulers thought directly endangered the fundamental interests of feudal countries. Including rebellion (rebellion, usurpation of power), grand rebellion (destruction of royal ancestral temples, tombs or palaces), rebellion (betrayal of the country, collaboration with the enemy), surrender (surrender to the enemy and puppet), vicious rebellion (murder or beating respected relatives), immorality (cruel murder, such as killing more than three people in a non-capital crime), disrespect (stealing royal objects or sacrificial supplies) \x0d\\x0d\ (IV) Reform and progress of the penalty system \x0d\\x0d\ The scope of joint punishment by clans is shrinking. Wei Chu called "the words and crimes committed in the temple gardens and tombs" outrageous and heartless. "The offenders" cut their backs, and their families are surrounded by walls ",but they are" not as good as their grandparents and grandchildren ". In the second year of Guixiang Gongyuan (AD 255), the law was changed to "the daughter in the house was punished by her parents, and the married woman was punished by her husband's family". "Men are superior to women" in the Eastern Jin Dynasty. At the beginning of the Northern Wei Dynasty, the law stipulated that "women have no county orders", not "women have no county orders". Since the Eastern Jin Dynasty and the Northern Wei Dynasty, all women, mothers, wives and sisters who sat down were exempted from the death penalty and did not serve as officials and servants, which had a significant impact on the penalty system of later generations. \ x0d \ x0d \ Exempt from castration and further abolish corporal punishment. During the Wei and Jin Dynasties, due to the intensification of class contradictions and contradictions within the ruling class, there were many calls for the resumption of corporal punishment within the ruling group, which led to many disputes about corporal punishment. As far as statutory punishment is concerned, the laws of the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties are all developing in the direction of further abolishing corporal punishment. In the 13th year of the Great Unification of West Wei Wendi (AD 547), it was written: "Those who should be imprisoned today have no official and are light"; Five years of the Northern Qi Dynasty (AD 569): "Those who apply for castration are generally exempted from official punishment. "At this point, the history of castration is over. \ x0d \ x0d \ feudal five-punishment system was initially formed. After the reform of the criminal system in Kawabata Yasunari period, the status of hard labor and flogging rose day by day and became the main content of the criminal system. After the continuous improvement of the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, a new feudal five-punishment system was initially formed. \x0d\\x0d\ (5) The development of legal forms and legislative styles and the standardization of legal concepts \x0d\\x0d\ During the Three Kingdoms, Jin, Southern and Northern Dynasties, feudal legal forms gradually became more and more complete. Besides decrees, other forms such as division, ratio, style and style appeared, which complemented each other and became flexible and effective legal weapons in the hands of the ruling class. Thus, it promoted the parallel situation of laws and regulations after Sui and Tang Dynasties. \ x0d \ x0d \ The style of China's feudal laws also experienced great changes in the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties. First of all, the method of etiquette is changed to the method of name and example, which is placed in the first place of law and makes it occupy an important position. Putting the name of punishment at the beginning of the law began in Cao Wei, and the comprehensive method of name of punishment became a model in Northern Qi Dynasty. Secondly, after a long period of evolution, there were twelve laws in the Northern Qi Dynasty, which provided a precedent for the later chapter structure of the Sui and Tang Dynasties. \ x0d \ x0d \ The specific concept of criminal law became more and more standardized in the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties. As far as Jin law is concerned, it can be seen from Zhang Fei's law table that the difference between intention and negligence is clearly defined; The difference between principal and accessory; The boundary between crime and non-crime; \ x0d \ x0d \ has a far-reaching influence on the development of feudal criminal law. \ x0d \ x0d \ III Judicial System and Litigation System \ x0d \ x0d \ The judicial organs in the Three Kingdoms period basically followed the Han system, and the central government was composed of Ting Wei, Yu Shi and Shangshu. Ting Wei is the chief executive of the highest judicial organ, which is composed of bureaucracy, supervision and equality. During the Northern and Southern Dynasties, the Northern Qi Dynasty expanded Tingwei into Dali Temple, which was an official office specializing in hearing criminal cases, with Qing, Cheng as the mainstay, politics, supervision, harmony and doctors in law as the subordinates, making the central judicial organs more complete. At the local level, the Chief Executive is also responsible for prison proceedings. Generally, the magistrate makes a judgment first, and then the county satrap, who can't decide, sends it to the state secretariat and finally to Tingwei. \x0d\\x0d\ The judicial trial system of the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties generally followed the system of the Eastern Han Dynasty, and developed and improved in the following aspects: \x0d\\x0d\ The emperor directly controlled the trial and personally arrested the prisoners. In order to strengthen the supervision and inspection of judicial activities, the system of recording prisoners was generally implemented during this period. Many emperors personally participated in interrogating prisoners. At the same time, the emperor often sent judges to various places to record prisoners. During the Southern and Northern Dynasties, feudal emperors also supervised and inspected judicial trials in various places through the case trial system. \x0d\\x0d\ Establish a death penalty review system. In order to take the death penalty felony seriously and facilitate the feudal emperor to directly control major cases, the death penalty review system was gradually established. The establishment of the death penalty review system directly affects the judicial justice of later generations. On this basis, the Sui and Tang Dynasties developed into a triple death penalty system. \\ x0d \\ x0d \u The establishment of Gu's direct complaint system, which is a system of beating gongs and drums outside the court to let the aggrieved person directly sue, is conducive to making up for some drawbacks of the trial level restriction and preventing judicial personnel from perverting the law and committing irregularities for personal gain. It is a supplement to the restriction of not allowing leapfrog prosecution and conforms to the progressive trend of the development of litigation trial system.