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Eight Deliberations
Eight Deliberations (), also translated as Eight Considerations, Eight Discussions, Eight Discussed Cases or Eight Precedents, was a set of principles used by traditional Chinese law in order to lessen legal punishment on the royals, nobles and members of upper classes. Origins The Eight Deliberations were established by the Cao Wei dynasty during the Three Kingdoms period and originated from similar regulations in the ''Rites of Zhou''. These suggested that criminals qualified under the following eight conditions could be considered for a commutation of sentence: *Relatives of the sovereign *Old acquaintances of the sovereign *Individuals of great virtue *Individuals of great ability *Meritorious individuals *High officials *Individuals exceptionally zealous at their government duties *Guests of the sovereign (i.e. the descendants of preceding imperial families) Eight Deliberations as a Legal Privilege The earliest records of the whole set of Eight Deliberations existin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Traditional Chinese Law
Traditional Chinese law refers to the laws, regulations, and rules used in China up to 1911, when the last imperial dynasty fell. It has undergone continuous development since at least the 11th century BCE. This legal tradition is distinct from the common law and civil law traditions of the West – as well as Islamic law and classical Hindu law – and to a great extent, is contrary to the concepts of contemporary Chinese law. It incorporates elements of both Legalist and Confucian traditions of social order and governance. One feature of the traditional Chinese criminal procedure is that it was an inquisitorial system where the judge, usually the district magistrate, conducts the public investigation of a crime. This is comparable to the system used in civil law jurisdictions, but contrary to common law which uses an adversarial system where the judge decides between attorneys representing the prosecution and defense. "The Chinese traditionally despised the role of advocate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cao Wei
Wei ( Hanzi: 魏; pinyin: ''Wèi'' < : *''ŋjweiC'' < : *''ŋuiC'') (220–266), known as Cao Wei or Former Wei in historiography, was one of the three major states that competed for supremacy over China in the period (220–280). With its capital initially located at , and thereafter |
Three Kingdoms
The Three Kingdoms () from 220 to 280 AD was the tripartite division of China among the dynastic states of Cao Wei, Shu Han, and Eastern Wu. The Three Kingdoms period was preceded by the Han dynasty#Eastern Han, Eastern Han dynasty and was followed by the Jin dynasty (266–420), Western Jin dynasty. The short-lived state of Yan (Three Kingdoms), Yan on the Liaodong Peninsula, which lasted from 237 to 238, is sometimes considered as a "4th kingdom". Academically, the period of the Three Kingdoms refers to the period between the establishment of Cao Wei in 220 and the Conquest of Wu by Jin, conquest of the Eastern Wu by the Western Jin in 280. The earlier, "unofficial" part of the period, from 184 to 220, was marked by chaotic infighting between warlords in various parts of China during the end of the Han dynasty, downfall of the Eastern Han dynasty. The middle part of the period, from 220 to 263, was marked by a more militarily stable arrangement between three rival states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rites Of Zhou
The ''Rites of Zhou'' (), originally known as "Officers of Zhou" () is a work on bureaucracy and organizational theory. It was renamed by Liu Xin to differentiate it from a chapter in the ''Book of History'' by the same name. To replace a lost work, it was included along with the ''Book of Rites'' and the ''Etiquette and Ceremonial'' becoming one of three ancient ritual texts (the "Three Rites") listed among the classics of Confucianism. In comparison with other works of its type, the Rite's ruler, though a sage, does not create the state, but merely organizes a bureaucracy. It could not have been composed during the Western Zhou, and was probably based on Warring States period societies. Michael Puett and Mark Edward Lewis compares its system of duties and ranks to the "Legalism" of Shang Yang. Authorship The book appeared in the middle of the 2nd century BC, when it was found and included in the collection of Old Texts in the library of Prince Liu De (; d. 130 BC), a younge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commutation Of Sentence
In law, a commutation is the substitution of a lesser penalty for that given after a conviction In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is cons ... for a crime. The penalty can be lessened in severity, in duration, or both. Unlike most pardons by government and overturning by the court (a full overturning is equal to an acquittal), a commutation does not affect the status of a defendant's underlying criminal conviction. Although the concept of commutation may be used to broadly describe the substitution of a lesser criminal penalty for the original sentence, some jurisdictions have historically used the term only for the substitution of a sentence of a different character than was originally imposed by the court. For example, the substitution of a sentence of parole for the origin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tang Code
The ''Tang Code'' () was a penal code that was established and used during the Tang Dynasty in China. Supplemented by civil statutes and regulations, it became the basis for later dynastic codes not only in China but elsewhere in East Asia. The Code synthesized Legalist and Confucian interpretations of law. Created in AD 624 and modified in AD 627 and 637, it was promulgated in AD 652 with 502 articles in 12 sections and enhanced with a commentary (the 唐律疏議) in 653. Considered one of the greatest achievements of traditional Chinese law, the Tang Code is also the earliest Chinese code to have been transmitted to the present in its complete form.Gernet (1996),bal244-245 Origin and context The Tang code took its roots in the code of the Northern Zhou (564) dynasty, which was itself based on the earlier codes of the Cao-Wei and Western Jin (268).Gernet (1996)244 Aiming to smooth the earlier laws and reduce physical punishments (such as mutilations) in order to appease social ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emperor
An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereignty, sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife (empress consort), mother (empress dowager), or a woman who rules in her own right and name (empress regnant). Emperors are generally recognized to be of the highest monarchic honour, honor and royal and noble ranks, rank, surpassing kings. In Europe, the title of Emperor has been used since the Middle Ages, considered in those times equal or almost equal in dignity to that of Pope due to the latter's position as visible head of the Church and spiritual leader of the Catholic part of Western Europe. The Emperor of Japan is the only currently List of current sovereign monarchs, reigning monarch whose title is translated into English as "Emperor". Both emperors and kings are monarchs or sovereigns, but both emperor and empress are considered the higher monarch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interrogation
Interrogation (also called questioning) is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful information, particularly information related to suspected crime. Interrogation may involve a diverse array of techniques, ranging from developing a rapport with the subject to torture. Techniques Deception Deception can form an important part of effective interrogation. In the United States, there is no law or regulation that forbids the interrogator from lying about the strength of their case, from making misleading statements or from implying that the interviewee has already been implicated in the crime by someone else. See case law on trickery and deception ('' Frazier v. Cupp''). As noted above, traditionally the issue of deception is considered from the perspective of the interrogator engaging in deception towards the individual being inte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgment (law)
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises depend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ten Abominations
The Ten Abominations (十惡) were a list of offenses under traditional Chinese law which were regarded as the most abhorrent, and which threatened the well-being of civilized society. They are listed below. The first three were capital offences: # Plotting rebellion (謀反): to overthrow the current regime. The commentary states: "The ruler or parent has no harbours rom plots If he does have such plots, he must put them to death." This means that if one harbours rebellious thoughts against the ruler or father, he must then put them to death. # Plotting great sedition (謀大逆): to damage or destroy royal temples, tumuli, or palaces. The ancient Chinese belief in '' feng shui'' equated intentional damaging of royal property with casting a curse on the sovereign. This type of person breaks laws and destroys order and goes contrary to virtue. # Plotting treason (謀叛): to defect to an enemy state, usually carrying national secrets. # Parricide (惡逆): to harm or murder one's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chinese Dynasty
Dynasties in Chinese history, or Chinese dynasties, were Hereditary monarchy, hereditary Monarchy, monarchical regimes that ruled over China during much of History of China, its history. From the Yu the Great#Historicity, legendary inauguration of dynastic rule by Yu the Great circa 2070 BC to the Imperial Edict of the Abdication of the Qing Emperor, abdication of the Puyi, Xuantong Emperor on 12 February 1912 in the wake of the 1911 Revolution, Xinhai Revolution, China was ruled by a series of successive Dynasty, dynasties. Dynasties of China were not limited to those established by ethnic Han Chinese, Han—the dominant Chinese people, Chinese ethnic group—and its predecessor, the Huaxia tribal confederation, but also included those founded by non-Han peoples. Dividing Chinese history into periods ruled by dynasties is a convenient method of periodization. Accordingly, a dynasty may be used to delimit the era during which a family reigned, as well as to describe events, tren ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History Of China
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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