China is a country with thousands of years of civilization history, one of the cradles of world civilization, and also an important area with an earlier origin of legal civilization in human society. Of course, the legal system I am referring to here is not a written law, or even a modern code. It just shows that there are certain norms at the end of the primitive public ownership society.

Next, I will talk about the development of China's criminal system and some conclusions I have drawn from it. Since the primitive society, China has had a legal system. Of course, the legal system does not represent written law, but there are social norms that are relatively suitable for the society at that time. At that time, the social norms were mainly customary laws and traditional customs. That is to say, but the rule of law is customary law, because the habit of confrontation and crime at that time was revenge, and then "blood out, answer blows with blows" revenge became the main form of criminal system at that time. In the eyes of modern people, this simple life is a brutal and bloody means, but compared with the previous unprovoked killing, it is undoubtedly an improvement. .. because in primitive society, what can give them the greatest constraint is the traditional living habits and tribal living habits. This seemingly bloody means is precisely the demand of justice at that time, and it does not have the strong nature of conquest, slavery or oppression.

In the later period of primitive society, we took Xia and Shang as typical examples. Let me first list the main situation at that time. Politically, the Chinese and foreign Korean system is implemented, and economically, the farming economy is still the mainstay, and the key is culture. Because legislation was originally a cultural activity, the cultural style at that time had a great relationship with the norms of legislation. In the late primitive society, that theological view was very strong. At that time, people who were with God simply complained about a kind of awe (useless psychology), so the legislative thought at that time; Destiny takes a hand, religious theocracy is powerful. Maybe everyone thinks that the Criminal System at the End of Primitive Society I wrote did not clearly distinguish the difference between criminal law and other legal systems, because in my opinion, at the end of Primitive Society, the law was not clearly divided and the organization was very unclear. One of the standards it adjusts is customary law, that is to say, the degree of freedom is very large, and the guarantee system often involves punishment. Therefore, in my opinion, in a society adjusted by customary law, it is only necessary to judge whether it has the nature of a criminal system.

In the Zhou dynasty, there began to be clear standards for making laws. In the Western Zhou Dynasty, the Duke of Zhou was the ritual and the Duke of Lu was the punishment. As a form of customary law, ceremony is an important part of the customary law system in the Western Zhou Dynasty. The formulation of the ritual system embodies the spirit of the hierarchy legislation in the Western Zhou Dynasty. Lv Hou's contribution to the criminal legal system of the Western Zhou Dynasty mainly lies in the formulation of nine punishments. The basic spirit of nine punishments is to severely crack down on criminal crimes that endanger national interests and social interests. During the Spring and Autumn Period, we began to make written laws. The feudal system was established in the Qin Dynasty, and in order to strengthen social stability, the system of severe punishment was adopted for minor crimes, which showed the backwardness of criminal law civilization at that time. After many dynasties, the criminal system has also experienced constant repetition. Criminal law, which should be public law, can never escape the role of adjusting the norms in all aspects of society. This cross-border adjustment often leads to unfairness and abuse of punishment. But it also caused other legal departments to cringe.

In my opinion, all ancient legal systems, whether customary law or written law, involve the application of the criminal system. In ancient times, punishment was the law. Although the law was divided into various legal departments after Qin dynasty, it did not form a unique regulatory system of the corresponding legal departments, but it was still adjusted by the criminal system. This is undoubtedly a mistake. This also reflects that the social development was not perfect, the system was not mature, and the people's legal consciousness was not established. As Plato said, a law does not need innovation or uniqueness, because in a society with legal consciousness, people will naturally have a sense of obeying the law. In a society without legal consciousness, people will not have a sense of obeying the law. No matter how novel and unique the law is, people will eventually create opportunities to violate it. This undoubtedly shows that the effective use of the law lies not in the multiple penalties, but in the people's awe, admiration and trust in the law. These three emotions are indispensable.