From the Warring States to the Qin Dynasty, the feudal system was gradually established, and the feudal law also replaced the slavery law in the legal system. But as far as punishment is concerned, the Warring States Qin still followed the old five punishments of slavery, only to meet the needs of the situation, many new punishments were added. As a result, the old and new kinds of punishment are mixed, which makes the punishment system appear chaotic.
Corporal punishment is a punishment for slavery. Abolishing corporal punishment in literature and landscape conforms to the trend of historical development and is conducive to protecting social productive forces. Wen Jing's reform of penalty system is a historic event in the ancient legal history of China, and it is an important symbol of the transition from the five punishments of slavery to the five punishments of feudalism.
The legislation and its legal contents in the early Han Dynasty were originally inherited from the Qin Law, and there was a continuous relationship between them. Only in the application of law, the policy of "ruling by doing nothing, combining leniency with severity" in the early Han Dynasty was very different from that of Qin Dynasty, which simply emphasized heavy punishment and heavy law. However, since Emperor Wu of the Han Dynasty "ousted a hundred schools of thought and respected Confucianism alone", great changes have taken place in Chinese law, and it has gradually embarked on the road of Confucianism.
First of all, "Han Law" established the legal thought of moral rule and supplementary punishment. Confucianism advocates "rule by virtue" and "rule by courtesy", while Legalists advocate "rule by law" and "severe punishment", both of which have their own advantages. Under the guidance of Confucianism, based on the theory of Yin-Yang and Five Elements, Emperor Wu of the Han Dynasty established a legal system combining moral education with criminal repression by drawing lessons from the cruel law of Qin Dynasty.
Secondly, the Han law strengthened the absolute monarchy. Following the establishment of the emperor system by Qin Shihuang, the Han Dynasty further systematically stipulated a set of legal contents to strengthen and deify the absolute monarchy on the basis of the hierarchical order advocated by Confucianism and the theory of "divine right of monarch".
Third, Chinese and French maintain ethical relations. On the basis of Confucian ethics, the law of Han Dynasty established a set of hierarchical order and social relations with the three cardinal guides and five permanents as the core. In fact, it is to maintain the feudal hierarchy and ethical order.
Finally, the Han law stipulated the penalty principle of Confucianism. Chinese law abandoned the tradition of "rule by law" and "punishment without hierarchy" of Qin legalists in the Warring States Period, and under the guidance of Confucian thoughts of "benevolent government" and "rule by virtue", the feudal hierarchy privilege principle was formally legalized, and the Confucian penalty application principles such as ensuring the judicial privilege of bureaucrats and nobles, respecting the old and caring for the young, and hiding relatives were established, thus changing Chinese law.
The above legal thoughts still have a far-reaching impact on ancient Chinese law and even modern legal system after the Han Dynasty.