Abstract
From the time China entered the class society and began the legal civilization, criminal law had always been the basic form of the expression of law. It was stated in “Shi Gu” (explaining the different meaning and usages of words in ancient times) of Er Ya (Using Graceful and Elegant Languages: an ancient book containing commentaries on classics, names, etc.) that “‘Xing’ (punishment) is both the constant and the law”, and it was also mentioned in Yi Jing (The Book of Change) that “‘Jing’ (punishment) is the law.” During the period of the three ancient dynasties, namely, Xia Dynasty (2033–1562 B.C.), Shang Dynasty (1600–1046 B.C.) and Zhou Dynasty (1046–256 B.C.), the legal codes were mainly criminal laws, such as Yu Xing (The Penal Code of Yu), Tang Xing (The Penal Code of Tang), Jiu Xing (The Code Nine Penalties), Lv Xing (The Penal Code of Lv), Xing Shu (The Penal Code) and Xing Ding (Sacred Container Inscribed with Penalties). To the Period of Warring States, to adapt to the epochal need of reform and the trend of standardization and codification of laws, Li Kui, “Si Kou” (the minister of justice) of Wei had gathered the criminal laws of every state and made the six-chapter Fa Jing (Canon of Laws). Fa Jing (Canon of Laws), which was known as the first codified feudal law with comparatively systemized structure, had expressed the legalists’ proposals that “there should be no discriminations between the intimate and the distant or between the noble and the humble” and “severe penalties be executed for minor misdemeanors” for the purpose of upholding the authority of the centralized feudal despotism. As for its structure of compilation, Fa Jing (Canon of Laws) was centered on the criminal law, but it also had incorporated the procedural law and the administrative law, therefore, it had inaugurated the legal tradition of compiling a codified law with “Zhu Fa He Ti” (the integration of various laws) and “Min Xing Bu Fen” (with no differentiation between civil and criminal laws).
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Notes
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Ma Ke Si En Ke Si Xuan Ji (The Selected Works of Marx and Engels), Vol. 4, People’s Publishing House, 1972, p. 206.
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- 15.
“Zi Cai” (high quality wood) in Shang Shu (The Book of Historical Document).
- 16.
mu, a unit of area (=0.0667 ha).
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- 18.
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- 19.
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“Shi Huo Zhi” (Records of Food and Commerce) in Han Shu (The History of Former Han Dynasty).
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“Fu Zhai Qiang Qian Cai Wu” (Detaining the Properties of the Obligees due to Their Liabilities) in “Za Lv” (Miscellaneous Laws) in Tang Lv Shu Yi (The Comments on Tang Code).
- 22.
“Nu Qu Liang Ren Wei Qi” (A Slave Marrying a Woman with Common Social Status) in “Hu Hun” (Rules for Households and Marriages) in Tang Lv Shu Yi (The Comments on Tang Code).
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“Xuan Di Ji” (The Biography of Emperor Xuan) in Han Shu (The History of Former Han Dynasty).
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“Shi Huo Zhi” (Records of Food and Commerce) in Song Shi (The History of Song Dynasty).
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Xue Yunsheng, Tang Ming Lv He Bian (A Collection of Laws in Tang and Ming Dynasties).
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“Dao Mai Tian Zhai Fu Li” (Supplementary Precedents for “stealing and selling others’ lands and houses”) in “Hu Lv” (Statute on Households) in Da Qing Lv Li (The Laws and Precedents of Great Qing).
- 30.
“Dian Dang Zhi Dang Lun Jin Wu Ye” (Real Estate Should Only be Included in Pawning) in Song Xing Tong (The Penal Code of Song Dynasty).
- 31.
Ibid.
- 32.
“Dian Dang Tian Zhai” (Pawning Lands and Buildings) in “Hu Lv” (Statute on Households) in Da Ming Lv Ji Jie Fu Li (Great Ming Code with Collected Commentaries and Appended Sub-statutes).
- 33.
Ibid.
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Huang Shi Ri Chao (The Notebook of Huang Zhen), Vol. 70.
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Wen Yuan Ying Hua (Elites of the Literal World), Vol. 42.
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Song Xing Tong (The Penal Code of Song Dynasty), Vol. 26.
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“Tian Fu” (Taxation on Land) in Hu Bu Ze Li (Regulations for the Board of Revenues).
- 40.
“Tian Fu” (Taxation on Land) in Hu Bu Ze Li (Regulations for the Board of Revenues).
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Ibid.
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Zhang, J. (2014). “Zhu Fa Bing Cun” (The Coexistence of Various Laws) and “Min Xing You Fen” (The Differentiation Between Civil and Criminal Laws). In: The Tradition and Modern Transition of Chinese Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23266-4_11
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