Summarize the legal system of the Western Zhou Dynasty (including legal guiding ideology, general situation of legislation, criminal legal system and civil legal system) (1) legal guiding ideology 1. Match heaven with virtue; 2. Prudent punishment with morality; 3. Punish the world lightly; 4. The influence of the legal guiding ideology of the Western Zhou Dynasty: It not only played a decisive role in the formation and development of various specific legal systems and their macro-legal characteristics, but also was deeply rooted in China's traditional political and legal theories. (ii) Overview of legislation 1. The manifestation of legal norms: oath; Patents; Life; An unpublished torture book; Customary law of Zhou nationality with ceremony as its specific form II. Rites: Rites in Zhou Dynasty are one of the important forms of legal norms in the Western Zhou Dynasty. "Rite" refers to a series of spiritual principles and norms of words and deeds that existed for a long time in ancient China society and maintained the blood clan system and patriarchal hierarchy. Rites originated in the Xia Dynasty, developed into legal forms in the Western Zhou Dynasty, and lost its role in regulating society in the Spring and Autumn Period and the Warring States Period. Rites are divided into two aspects: abstract spiritual principles and specific etiquette forms. Among them, the abstract spiritual principles are divided into two aspects: kissing and respect. Pro is to maintain the feudal family order, and respect is to maintain the feudal patriarchal system. Pro-respect has formed specific spiritual norms such as loyalty, filial piety and righteousness. The specific etiquette forms are divided into five aspects:, fierce ceremony, military ceremony,,. Zhou Li has the nature and function of law, and has three characteristics of law: standardization, national will and compulsion. "Zhou Li" penetrated into all fields of society and played a wide range of regulatory roles. 3. The punishment of Lu (just punishment): It recorded the general situation that Mu Wang ordered Duke Lu of Zhou to carry out legal reform. Lu Punishment in Shangshu is not a written law, but a record of this legal reform. 4. Nine punishments: First, it refers to the Criminal Book of the Zhou Dynasty; The second refers to the punishment of the Zhou Dynasty. 5. Legacy, Yi Yin: Legacy refers to the legacy left by the late king. Yi Yin refers to the customary law of Shang Dynasty. (3) criminal legal system 1. Crime (1) political crime: disobeying the king's orders; Thief (breaking etiquette); Wisdom (hidden thief); (2) Crime of disturbing social order and infringing on personal and property: the crime of crowing rape (mob robbery); Stealing (stealing property); Rape (stealing a national treasure) (3) Crime of dereliction of duty: official-only (fear of power), rebellious (perverting the law), insider-only (being a relative who perverts the law), goods-only (being asked to pervert the law-mediating the crime of accepting bribes) 2. Punishment (1) Five punishments: Mo and Shu. Originated in the Xia Dynasty, developed in the Shang and Zhou Dynasties, and influenced the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, which lasted for thousands of years in the history of China. (2) Other penalties: borrowing soil system-equivalent to fixed-term imprisonment for later generations; Jiashi system-equivalent to criminal detention in later generations; The punishment of credit began in the Xia Dynasty. 3. The principle of penalty application (1) The principle of relief for the old and the young: three exemptions-old and young fools (2) Distinguish between intentional and negligent, recidivist and occasional offender: three mistakes-negligence, ignorance and forgetfulness; Neglect-life; Intentionally-not born; Recidivism-only the ending; Accidental crime-not final. (3) The principle that suspected crimes are lighter and suspected crimes are heavier; (4) The principle of combining leniency with severity; (1) Rites and punishments were two inseparable parts of the legal system of the Western Zhou Dynasty, which together constituted a complete legal system at that time. Among them, etiquette is a positive norm, and punishment is in a passive position, and the two complement each other. (2) The legal principle of "Do not salute Shu Ren, do not execute doctors" which began in the Western Zhou Dynasty. The absence of Shu Ren's ceremony meant that Shu Ren could not act according to the etiquette of the nobility. And "punishment is not on the doctor" means that nobles above the doctor commit crimes, can get some forgiveness and enjoy some privileges when applying punishment. But this does not mean that the scholar-officials can be exempted from punishment. (4) Civil legal system 1. Ownership and contract: In the Western Zhou Dynasty, there was a special official management contract, called "contract", and there was a "pledge" as a specific market manager. Pledge: the contract form applicable to the buying and selling relationship; Farewell: the contractual form of loan relationship. 2. Marriage: three principles-monogamy; Not married with the same surname; Parents' orders; Six gifts-receiving gifts, asking names, Najib, receiving gifts, inviting parties and welcoming relatives; "Seven results"-disobedience to parents, childlessness, lewdness, jealousy, poor health, talkativeness and theft; "Three don't go"-don't return after getting married; And more than three years of mourning; Before poverty, after wealth. 3. Patriarchal inheritance: eldest son inheritance system. (Early Shang Dynasty: father died and son succeeded, brothers and sisters. Late Shang Dynasty: The eldest son inheritance system was firmly established. (5) the judicial system