Legal history of China.

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Legal history of China

Before I introduce the legal history of China, I want to talk about several points:

First, introduce the legal history of China should be based on the general history of china:

As everyone has know the general history of China, I will not introduce it in detail.( The ancient China had many dynasties, from the Xia Dynasty (21th-16th century before Christ), to the Shang Dynasty (16th―11th century B.C).  West Zhou Dynasty (11century B.C-256 B.C. total 800 years), the Spring and Autumn Period (770 B.C.―476 B.C), Warring States Period (403-221 BC), the Qin Dynasty (221B.C―206B.C.) ,the Han Dynasty (202B.C,24EMPORALS,406years), Three Kingdoms (220 - 265) ,Dynasties of the North and South (317 - 589) ,the Sui Dynasty (581-618), Tang Dynasty, (617- 907, 290years),the Song Dynasty (960-1279, 18 emporals,320 years, Yuan Dynasty (1206 -1368 ,11 emperors, 98 years),Ming Dynasty (1368―1644), till the Qing Dynasty (1616―1911).

It has been proved though textual research that China has a legal history of five thousand years. During the passed thousands of years, China had a continuous legal history, clear evolution, abundance materials and content. China legal system had far-reaching influence to other countries.

 If we couldn’t find a correct method to research, it would be difficult to speak it out in several minutes.

Second, find a correct method to research:

I will introduce the legal history of china according to the nature of social institution. It is the correct manner in studying the legal system of china.  

Third, I must point out the four stages of china legal history because I will introduce follow the four stages.

           

China legal systems developed four stages, each stage has its unique character.

1 slave society, including The xia, Shang, west zhou three Dynasties.

2 feudal society , from Qin dynast to Qing dynasty, the duration is from 210 B.C. to 1841

              3 semi-feudal , semi-colony society, from 1841 to 1949    

4  socialism society from 1949 till now        

Then, I want to generally combine the qualities or features of the legal system that distinguishes one stage from another

 In the legal education of China, we teach the legal system of each dynasty respectively. If I select this kind of method to introduce the legal system of china, I can not finish it in just 15 minutes. Therefore, I want to form general conclusions of each stage.

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I  slave society,

First, theocracy and divinity Judge, nemesis

We can find it in the old books, and can easy find it from the literal meaning and structure of the word of “law”. The Chinese word of law in ancient Chinese, is constituted with three parts, which are water, unicorn and go. Water means equity like water, unicorn, another named ancient goat, which reputed to gore guilty person at court, “go” means to gore.

Second, patriarchal clan system  no difference between the country and the family. People were divided into different classes, and people of different status must abide the rule ...

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