2. Summer Punishment-Formulated Yu Punishment. Five sentences, 3000 articles, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink.

3. In summer, "stun, ink, thief and kill"-stun, ink and thief are the charges, and killing is the criminal name. Mainly for the nobility.

4. Summer prison-"Juntai" and "Xiatai".

5. Shang-"soup punishment" is the floorboard of commercial criminal law.

6. Commercial crime-

7. Business inheritance system-1. Brothers are the first tribe.

2. Father's Death and Son's Inheritance-Family

3. The first command inheritance-keep lineages orthodox

8. Commercial prisons-

9. Legislative thoughts in Xia and Shang Dynasties-mainly reflecting the thoughts of divine right, destiny and punishment.

10. Zhou Lifa's thought-compared with theocracy, morality matches heaven (theocracy+patriarchal ideology).

1 1. Nine Sentences is Zhou-1. Nine articles on torture.

2.5 Punishment+Flow, Redemption, Whip and Surge.

12. weekly conviction and sentencing principle-emphasizing morality, moral education and subjective motivation.

1. In case of bereavement, the guilty person will not be punished-80, over 90 years old and under 7 years old.

2. Distinguish between failure, non-failure, failure and failure-negligence, intention, accident and recidivism. - 。

13. Zhou's crime-"robbery".

14. Criminal names of the Western Zhou Dynasty-1. "Imprisonment"-the time limit is set, which is the beginning of fixed-term imprisonment.

2. "Criminal detention"-approximate detention. - 。

15. Western Zhou Contract-1. Sales contract-"pledge".

2. Debt contract-"farewell".

16. Marriage system in the Western Zhou Dynasty-1. Principle-"attaching distance" and "thickness".

2. Procedures-"Six Rites", receiving, asking names, Najib, receiving, inviting and welcoming. -buying and selling marriage comes from this.

3. Elevator-"seven exits" and "three noes".

17. the inheritance system of the western Zhou dynasty-"based on seniority, not merit, based on nobility, not based on seniority."

18. Judicial organs of the Western Zhou Dynasty-1. "Big Secretary"-the highest judicial organ in China.

2. "Small Secretary"-the judicial organ directly under the central government.

19. Litigation in the Western Zhou Dynasty-1. Litigation-civil litigation.

2. Prison-criminal proceedings.

3. "Agent"-defense in criminal cases.

4. Pleadings in civil cases.

20. The trial of the Western Zhou Dynasty-"Five-tone Listening to Prison"

2 1. Zheng made laws twice-1. Sub-attribute-the first published written code. -was opposed by uncle.

2. Deng privately made "bamboo punishment".

22. The State of Jin enacted four laws-1. Jin Wengong's "method of being left behind".

2. "Casting the tripod of punishment", the State of Jin began to officially publish the written law. -opposed by Confucius.

23. Chu made laws twice-1. "Law of Service Area"

2. "the law of the door."

24. Short answer: What is the significance of publishing written laws?

(1) restricted the privileges of the old aristocracy to a certain extent, marking the disintegration of slavery.

(2) It promoted the development of feudal relations of production.

(3) Its edge still points to the working people. In this sense, it strengthens the rule over the working people.

25. Political reform in client countries.

(1) Wuqi of Chu.

(2) Shang Yang's two political reforms in Qin were based on the National Law.

A. The focus of the first political reform was to crack down on the political forces of slave owners and nobles.

The focus of the second reform was to abolish the land system of slavery.

26. Western Zhou Dynasty legislative thought?

27. Han dynasty legislative thought?

28. Qin dynasty legislative thought?

(1) legal unification.

(2) Everything depends on the law.

(3) Taking punishment as a threat.

29. At the beginning of the Warring States Period, Li Kui enacted the National Law.

(1) The earliest code in China feudal society.

(2) Six articles: thief, thief, net, arrest, miscellaneous law and law.

30. The class nature of legal classics-1. Its sharpness mainly points to farmers and other working people.

2. Maintain absolute monarchy.

3. Maintain the feudal hierarchy.

3 1. Yunmeng Qin Bamboo Slips-1975/ 12 Bamboo slips recording Qin laws and regulations were unearthed in Chengguan, Hubei Province. 1 155 pieces.

32. Case law of judicial organs in Qin Dynasty.

33. There were five criminal names in the Qin Dynasty-one. death sentence

(1) has five penalties. -is the name of the Qin dynasty, an extremely cruel punishment-corporal punishment and death penalty.

(2) kill.

Two. Imprisonment (imprisonment)

(1) Cheng Dan (male),-(female).

(2) Ghost pay (male) and white charm (female).

③ Zhao (male) and Zuo Zhao (female).

(4) Punishment (male) and rehabilitation (female).

34. Qin You 1 1 Charge-1. Seal up the theft.

2. treat the past as a crime.

3. Don't punish both crimes.

35. Principles of conviction and sentencing in the Qin Dynasty-1. Confirm the age of responsibility by height.

2. Distinguish between intention and negligence (1). Intention is "end" and negligence is "improper"

3. Aggravation of accomplice-the so-called accomplice is more than 5 people.

4. being wrongly accused of sitting back

36. The economic legislation of the Qin Dynasty-1 was about natural resources.

2. Agricultural production management

3. Government-run handicraft management

4. Market trade management-The first monetary legislation "Golden Cloth Law" was formulated.

During the Warring States Period, Qin established the highest judicial organ-"Ting Wei".

38. The records of the Qin dynasty inquest are called "books".

39. The seizure of the Qin Dynasty was called "sealing".

40. The Qin Dynasty classified the effects of interrogation into three categories: up, down and defeat.

4 1. The pronunciation of judgments in the Qin Dynasty is called-"reading the bow"

42. Xiao He's book "Nine Chapters of Law" in Han Dynasty added household law, promoting law and stabilizing law on the basis of the six laws of Qin Dynasty.

43. The legal form of the Han Dynasty-1. law

2. Order (imperial edict)

3. Subject-is developed from Qin's "category", and there are many.

4. Contrast (decision ratio)-a typical case of comparing decision cases.

5. Spring and Autumn Annals-Dong Zhongshu created it according to Spring and Autumn Annals during the reign of Emperor Wu of the Han Dynasty.

6. Legal interpretation

44. The legislative thought of the Han Dynasty-1. Restriction law is an early legislative thought.

2. The combination of morality and punishment-morality is the main punishment.

3. Shuntian execution

45. One of the sentencing in the Han Dynasty-"Kiss first and then hide"

46. The punishment name of the Han Dynasty-1is the death penalty-only the Han Dynasty has the punishment name of "desperate"

2. Corporal punishment-the corporal punishment system of the Qin Dynasty or the previous generation was quoted in the early Han Dynasty.

3. Imprisonment-citing Qin, but Han has "Gu Shan"

47. Emperor Wendi's criminal law reform-abolishing corporal punishment-1. It shows that the ancient criminal system in China has entered a turning period from barbarism to civilization.

2. It laid the foundation for the transition from the feudal criminal system to the new "five punishments".

48. The charges of the Han Dynasty-1. Arab Party and Interest-bearing Crime.

2. Unjust crimes

3. The crime of disrespect and the crime of gross disrespect-the source of the "ten evils"

49. The sales contract of the Han Dynasty-the coupon book

50. Litigation system in Han Dynasty-1. To sue for dissolution-to sue.

2. Death penalty-Except those who oppose "never wait for time", the death penalty must be executed after the first frost in autumn and before the winter solstice.

5 1. Wei-change the law to name punishment, ranking first in the law.

52. Jin law has made great progress than Wei law-1. Strictly distinguish the boundaries of laws and regulations and improve the status of orthodox law.

2. Punishment is divided into two parts: accusation and legislation.

3. Zhang Fei and Du Yu, two legalists, commented on the Jin Law.

53. Beiqi-1. Established the "Ten Serious Crimes"-the code from Sui and Tang Dynasties to Ming and Qing Dynasties as the "Ten Serious Crimes".

2. Five punishments have been established-death penalty, exile, imprisonment, flogging and caning.

54. The law of the Northern Qi Dynasty was an important code that inherited the legal spirit of the Han and Wei Dynasties and initiated the law of the Sui and Tang Dynasties.

55. Wei Mingdi formulated the Wei Law, which stipulated the system of "eight opinions", and it continued until the Qing Dynasty. "On relatives, on the past, on talent, on ability, on merit, on nobility, on diligence, on guests."

56. The laws of the Northern Wei Dynasty and the Southern Chen Dynasty established the system of "official position", that is, official goods or titles were allowed to compensate crimes. -equivalent to the crime of compensation in the Jin law.

57. Jin Dynasty tax-two kinds: "deed tax" and "scattered estimation".

58. "Tingwei" or "Dali" was the central judicial organ in the Three Kingdoms, the Jin Dynasty, the Southern and Northern Dynasties, and it was only in the Northern Zhou Dynasty that it was called "the viceroy of Qiu Guan".

59. Legal system in Sui and Tang Dynasties-the highest legal system in ancient China.

60. During the reign of Emperor Wendi of Sui Dynasty, the Law of Opening the Emperor-1further defined the punishment as five kinds of punishment: slap, stick, apprentice, exile and death.

2. Change the "Ten Serious Crimes" in the laws of Northern Qi Dynasty into "Ten Serious Crimes".

6 1. At the beginning of the founding of the People's Republic of China, the Sui Dynasty promulgated the Land Equalization Order-1. The difference between "Kubunden" and "Yongyetian"

62. Emperor Taizong-Revising the Martial Arts Law Tang Gaozong formulated the Yonghui Law.

63. The Six Codes of the Tang Dynasty was the earliest comprehensive administrative code in China's feudal era, which was formulated during the Kaiyuan period of Emperor Xuanzong of the Tang Dynasty, and was one of the symbols of the increasingly perfect feudal legal system.

64. Achievements of criminal legislation in the Tang Dynasty-centered on the Tang Law represented by the feudal legal system.

65. Principles of criminal application in Tang Dynasty-1. There are public crimes and private crimes, and the punishment for private crimes is heavier than public crimes.

2. Cohabitation and concealment-originated from the law of "relatives hiding" in Han Dynasty.

3. Principles for handling foreign-related cases

4. The principle of different punishment for the same crime-bureaucrats, poor people and untouchables.

66. In the Tang Dynasty, theft was divided into three types: theft, robbery and inside job theft.

67. Land in the Tang Dynasty was divided into official land and private land.

68. The financial legislation of the Tang Dynasty-1. "Rent and Rent Adjustment Law" and "Two Tax Laws".

69. The main features of the Tang law-1. Rulers adhere to the guiding ideology of taking ceremony as the key link in the activities of formulating and compiling laws;

2. Judging from the provisions of the Tang Law, they are all "reasonable manners".

70. The historical position of Tang Law-1. A representative and complete feudal code;

2. In the long history of feudal development, it was in an important historical position;

3. The Law of the Tang Dynasty provided a sample for the legislation of later feudal dynasties;

4. The laws of Tang Dynasty have played an important role in demonstrating the development of legal system in many Asian countries, and also occupy an important position in the history of world development.

7 1. The highest judicial organ in the Tang Dynasty-"Dali Temple"

72. In the Tang Dynasty, the "three divisions decided cases"-In the Tang Dynasty, Dali Temple was often tried together with the Minister of Justice and Yushi.

Dali Temple in Tang Dynasty had its own prison-called "Dali Prison".

74. The main purpose of "Yushitai", a supervisory organ in the Tang Dynasty, was to rectify "official management".

75. The first feudal code in the history of China-the Criminal Law of the Song Dynasty.

76. The most frequent legislative activity in the Song Dynasty was called "editing".

77. Legal forms in the Song Dynasty-order, declaration, observation, embarrassment, order, style, style and exception.

In the mid-Jiayou period of Song Renzong in 78 Song Dynasty, the law of "emphasizing law over land" was implemented against thieves.

79. In order to reduce the "broken stick method" and "stabbing and matching method" in Song Taizu's criminal law, the "year of the year" and other tortures that appeared in the Five Dynasties were restored at the end of the Song Dynasty.

80. Laws of the Yuan Dynasty-1. It is a compilation of imperial edicts ("rules") of past dynasties.

2. Pay attention to the precedent and add the word "Zhu" before the cause of action to become an independent provision.

8 1. The craftsmen of the Yuan Dynasty were called "workers' slaves" or "craftsmen".

82. The marriage system of the Yuan Dynasty allowed the poor and the rich to marry voluntarily.

The name of the central judicial organ in the early Yuan Dynasty was "Yan Hong Government".

84. The judicial power of the Yuan Dynasty was in the hands of the Mongolian "Ludahuachi".

85. The supervisory organs of the Yuan Dynasty-the central government set up an "Imperial History Desk" and the local government set up an "Imperial History Desk"-paid more attention to the supervisory organs than previous dynasties.

86. The Ming Emperor Zhu Yuanzhang Hongwu enacted the Daming Law in six years-the content of the feudal law that has been followed for a long time since the Sui and Tang Dynasties has changed.

87. Zhu Yuanzhang imitated the Duke of Zhou's ShangShu Da Newspaper-Dabao.

88. In the Ming Dynasty, there was the Prison Rules-the heaviest criminal law except the death penalty.

89. The Ming Dynasty copied the six classics of the Tang Dynasty-the administrative code of the Ming Dynasty.

By the Ming Dynasty, the "land equalization system" was not implemented-so the provision of "over-quota land occupation" was abolished in law.

9 1. The Ming Dynasty implemented the monopoly system and formulated the banknote law, money law, salt law and tea law.

92. Zhu Yuanzhang's guiding ideology of making laws-"ruling the country with heavy codes".

93. Qing Dynasty-the peak of the development of autocratic centralization.

94. The Laws of the Qing Dynasty, which was formulated in the third year of Shunzhi, was the first complete written code in the Qing Dynasty.

95. The Statutes of the Qing Dynasty, which was completed in Qianlong five years, was the last feudal code in the history of China.

96. Emperor Kangxi of the Qing Dynasty formulated the Kangxi Hui Dian according to the Ming Hui Dian, which was the most complete administrative regulation in China feudal society and the confluence of administrative legislation in China feudal society.

97. The Qing Dynasty pursued a policy of cultural autocracy-punishing heresy in the form of "literary inquisition".

98. The "monopoly prohibition system" in the Qing Dynasty-the system of unified management of some important commodities in China feudal countries began in the Western Han Dynasty.

99. The judicial organs of the Ming Dynasty-the central organs were Dali Temple, Ministry of Punishment and Duchayuan.

100. The central judicial organs in the Qing Dynasty were basically the same as those in the Ming Dynasty, but the institutions were expanded.

10 1. When the Qing Dynasty encountered major cases, it was the highest trial level in the central government.

102. The trial system in Qing Dynasty includes "autumn trial", "trial" and "hot trial".

103. In the fifteenth year of Ming Hongwu, the supervisory organ "Yushitai" was changed to "Douchayuan".

104. the important development of the supervision system in Qing dynasty-the addition of "six subjects" in DuchaYuan.

105. 1908, the Qing government promulgated the outline of the king's constitution, which consists of two parts: the text "the power of the monarch" and the appendix "the rights and obligations of the subjects".

106. Constitution-making in the Qing Dynasty includes the constitution of the Advisory Council, the constitution of the Advisory Council, the cabinet official system and Article 19.

107. the guiding ideology of legislation during Guangxu period of Qing dynasty-"good governance in Chinese and foreign transportation".

108. When the rulers of the Qing Dynasty practiced the law, they still maintained the three cardinal principles and the five permanent members.

109. In the thirty-third year of Guangxu, the criminal law of Daqingxin was formulated-1. The first code that broke the unity of all laws;

2. The names of punishments are divided into principal punishments and accessory punishments;

3. Adopt the bourgeois principle of "a legally prescribed punishment for a crime";

1 10. In the third year, Xuantong formulated the Qing Law, the first semi-colonial and semi-feudal civil code drafted by old China.

1 1 1. The Criminal and Civil Procedure Law of the Qing Dynasty in the thirty-second year of Guangxu-the first independent procedural code drafted by old China.

1 12. "Consular jurisdiction" is an important symbol of the semi-colonial judicial system in the late Qing Dynasty, which refers to the formation of foreign nationals in China.

If the defendant in civil or criminal proceedings has an unequal treaty with China, he will be in China.

The courts in China have no right to adjudicate, and only their own consuls can adjudicate according to their own laws.

1 13. The Taiping Heavenly Kingdom formulated the "celestial system"-it stipulated an equal and equal land system. It embodies the principles of "everyone in the world is not private, but the owner owns it" and "equality everywhere, and everyone is full of warmth".

1 14. Taiping Criminal Law, an important criminal legislation of Taiping Heavenly Kingdom.

1 15. Hong Rengan and Wang Gan have made a new chapter in the Law on Capital and Political Affairs according to the laws of western bourgeois countries. The idea of developing modern economy is of progressive significance.

1 16. The Taiping Heavenly Kingdom imposed severe punishments, such as lighting lanterns, dismembering five horses, piling sand, peeling, etc.

1 17. The Marriage Law on Equality between Men and Women enacted by the Taiping Heavenly Kingdom-1. The marriage certificate issued is called "He Hui" or "Longfeng He Hui";

2. monogamy.

118.1911After the Wuchang Uprising, the Nanjing Provisional Government promulgated the Interim Constitution-Outline of the Provisional Government of the Republic of China.

119.1912 Provisional President Sun Yat-sen announced the provisional constitution of the Republic of China.

120. Main contents of the provisional constitution of the Republic of China-1. According to Sun Yat-sen's theory of civil rights, the Republic of China is defined as a bourgeois democratic republic.

2. In order to prevent imperialist aggression, the territory of the Republic of China was demarcated;

3. To stipulate the political system of the Republic of China according to the principle of separation of the three powers of the bourgeoisie;

The rights and obligations of the people are stipulated according to the principles of bourgeois democracy and freedom.

5. To stipulate the principles of protecting private property and developing capitalist economy.

12 1. The main features of the provisional constitution of the Republic of China-1. Restrict Yuan Shikai's power and stipulate the cabinet system;

2. In order to strengthen the supervision of Yuan Shikai and further expand the power of the Senate;

3. In order to prevent Yuan Shikai from violating the temporary contract law, strict modification procedures are stipulated;

4. Add a chapter "People".

122. the significance of the provisional constitution of the Republic of China-the provisional constitution is the product of the bourgeois democratic revolution, the bourgeoisie.

A constitutional document declared the demise of feudal monarchy and the birth of bourgeois democratic republic. Since then, the concept of democratic republic has been deeply rooted in people's hearts, and the temporary contract law not only has the significance of opposing the feudal monarchy, but also implies the role of opposing imperialist aggression and national division. The main shortcoming of the Temporary Contract Law is that it does not stipulate the anti-imperialist and anti-feudal democratic revolutionary program and does not solve the land problem of farmers, so it cannot be supported by the broad masses of the people.

123. 19 13, the Republic of China adopted the draft constitution of the Republic of China-also known as the Constitution of the Temple of Heaven.

124. 19 12 Yuan Shikai restored the monarchy-formulated the draft constitution of the Chinese Empire.

125. Constitution of the Republic of China-a famous "bribery constitution" in the legal history of the Republic of China (Constitution of Cao Kun).

126. the basic legal system of the Kuomintang government-the complete book of six laws.

127. Contents of the Constitution of the Republic of China-1. The name of "democratic Republic" is the reality of Chiang Kai-shek's dictatorship;

2. Under the guise of "equal land ownership" and "restraint of capital", protect the interests of the four big family bureaucratic monopoly groups and local classes;

3. Copy the constitutional principles of capitalist countries and flaunt the hypocritical rights of democracy and freedom.

The essence of its constitution is "the people have no right, and the husband is centralized."

128. 1927, the Kuomintang government set up a "special criminal court"-massacring * * * members and patriotic Democrats.

The judgment cannot be appealed or protested, which is a typical fascist trial.

129. 193 1 year, the workers' and peasants' democratic regime formulated the Outline of the Constitution of chinese soviet republic, which was the first constitutional document in the history of China aimed at ensuring that the working people were masters of their own affairs.

130. The historical significance and main features of the Outline of the Constitution of chinese soviet republic are the first constitutional document formulated by the people of China. First of all, it confirmed the political system and people's democratic rights of the working people as masters of their own affairs in the form of the constitution, and opened a new chapter in the constitutional history of China. It confirms the revolutionary achievements in the form of legislation and points out the future goals and policies. All these are of great significance to promoting the development of the national revolutionary movement.

13 1. Land Law of Jinggangshan in the Early Agrarian Revolution-1. Confiscate all land, not just the land of landlords;

2. Land ownership belongs to the government, and farmers only have the right to use it;

3. It is forbidden to sell land.

132. 193 1 chinese soviet republic land law formulated by China, workers, peasants and soldiers and the Soviet Union-the land law with the greatest influence, the widest implementation and the longest application in the late agrarian revolution. The main contents are: 1. Completely abolish the feudal land exploitation system; 2. The distribution method of confiscated land property is clearly defined; 3. On the issue of land ownership, it is stipulated that "land and water conservancy are owned by the state".

133. The administrative program of the anti-Japanese democratic regime was formulated under the guidance of China's theory of the new democratic Republic and the policy of the anti-Japanese democratic United front, and it is a constitutional document of a relatively mature people's democratic regime. Has the following characteristics:

1. Politically implement the principle of anti-Japanese national united front;

2. Economically, the principle of reconciling the interests of all classes and coordinating the development of various economic sectors has been implemented;

3. In terms of democracy and legal system construction, it has made relatively systematic and mature provisions.

134. Ma Xiwu's trial mode-the epitome of the revolutionary judicial system in the border region.

135. New Democratic Land Law-May 4th Instruction

136. 1947 adopted the outline of land law of China, the main contents of which are-1. The feudal and semi-feudal land exploitation system was completely abolished;

2. The land system that stipulates land to the tiller;

3. Provisions for the protection of democratic industrial and commercial development;

4. Provide for the establishment of a people's court.

References:

/zige/sifa/fudao/200510/20777.html complete notes on Chinese legal history.