Traditional Chinese Law
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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 ...
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China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and borders fourteen countries by land, the most of any country in the world, tied with Russia. Covering an area of approximately , it is the world's third largest country by total land area. The country consists of 22 provinces, five autonomous regions, four municipalities, and two Special Administrative Regions (Hong Kong and Macau). The national capital is Beijing, and the most populous city and financial center is Shanghai. Modern Chinese trace their origins to a cradle of civilization in the fertile basin of the Yellow River in the North China Plain. The semi-legendary Xia dynasty in the 21st century BCE and the well-attested Shang and Zhou dynasties developed a bureaucratic political system to serve hereditary monarchies, or dyna ...
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King Wu Of Zhou
King Wu of Zhou () was the first king of the Zhou dynasty of ancient China. The chronology of his reign is disputed but is generally thought to have begun around 1046 BC and ended three years later in 1043 BC. King Wu's ancestral name was Ji () and given name Fa (). He was the second son of King Wen of Zhou and Queen Taisi. In most accounts, his older brother Bo Yikao was said to have predeceased his father, typically at the hands of King Zhou, the last king of the Shang dynasty; in the ''Book of Rites'', however, it is assumed that his inheritance represented an older tradition among the Zhou of passing over the eldest son.''Book of Rites''Tan Gong I, 1 Accessed 4 Nov 2012. (Fa's grandfather Jili had likewise inherited Zhou despite two older brothers.) Upon his succession, Fa worked with his father-in-law Jiang Ziya to accomplish an unfinished task: overthrowing the Shang dynasty. In 1048 BC, Fa marched down the Yellow River to the Mengjin ford and met with more tha ...
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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 ...
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Tang Dynasty
The Tang dynasty (, ; zh, t= ), or Tang Empire, was an Dynasties in Chinese history, imperial dynasty of China that ruled from 618 to 907 AD, with an Zhou dynasty (690–705), interregnum between 690 and 705. It was preceded by the Sui dynasty and followed by the Five Dynasties and Ten Kingdoms period. Historians generally regard the Tang as a high point in Chinese civilization, and a Golden age (metaphor), golden age of cosmopolitan culture. Tang territory, acquired through the military campaigns of its early rulers, rivaled that of the Han dynasty. The House of Li, Lǐ family () founded the dynasty, seizing power during the decline and collapse of the Sui Empire and inaugurating a period of progress and stability in the first half of the dynasty's rule. The dynasty was formally interrupted during 690–705 when Empress Wu Zetian seized the throne, proclaiming the Zhou dynasty (690–705), Wu Zhou dynasty and becoming the only legitimate Chinese empress regnant. The devast ...
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Han Dynasty
The Han dynasty (, ; ) was an imperial dynasty of China (202 BC – 9 AD, 25–220 AD), established by Liu Bang (Emperor Gao) and ruled by the House of Liu. The dynasty was preceded by the short-lived Qin dynasty (221–207 BC) and a warring interregnum known as the ChuHan contention (206–202 BC), and it was succeeded by the Three Kingdoms period (220–280 AD). The dynasty was briefly interrupted by the Xin dynasty (9–23 AD) established by usurping regent Wang Mang, and is thus separated into two periods—the Western Han (202 BC – 9 AD) and the Eastern Han (25–220 AD). Spanning over four centuries, the Han dynasty is considered a golden age in Chinese history, and it has influenced the identity of the Chinese civilization ever since. Modern China's majority ethnic group refers to themselves as the "Han people", the Sinitic language is known as "Han language", and the written Chinese is referred to as "Han characters". The emperor was at the pinnacle of ...
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Han Fei Zi
The ''Han Feizi'' or ''Hanfeizi'' ("[Writings of] Master Han Fei") is an ancient Chinese text named for its attribution to the political philosopher Han Fei. It comprises a selection of essays in the Chinese Legalism, Legalist tradition on theories of state power, synthesizing the methodologies of his predecessors. Its 55 chapters, most of which date to the Warring States period mid-3rd century, are the only such text to survive fully intact. Among the most important philosophical classics in ancient China, it touches on administration, diplomacy, war and economics, and is also valuable for its abundance of anecdotes about pre-Qin dynasty, Qin China. Though differing considerably in style, the coherency of the essays lend themselves to the possibility that they were written by Han Fei himself, and are generally considered more philosophically engaging than the ''Book of Lord Shang''. Zhuge Liang is said to have attached great importance to the Han Feizi, as well as to Han Fei's ...
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Shang Yang
Shang Yang (; c. 390 – 338 BC), also known as Wei Yang () and originally surnamed Gongsun, was a Chinese jurist, philosopher, and politician.Antonio S. Cua (ed.), 2003, p. 362, ''Encyclopedia of Chinese Philosophy'"The fifth important legalist, Shang Yang (Wei Yang, c. 390–338 B.C.E.), was born in Wei; his original surname was Gongsun." Born in the Zhou Kingdom, Zhou vassal state of Wei during the Warring States period, he was a statesman, chancellor and reformer serving the State of Qin, where his policies laid the administrative, political and economic foundations that strengthened the Qin state and would eventually enable Qin to conquer the other six rival states, unifying China into a centralized rule for the first time in history under the Qin dynasty. Scholars consider it likely that both he and his followers contributed to ''The Book of Lord Shang'', a foundational philosophical work for the school of Chinese legalism. Biography Shang Yang was born as the son of a ...
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Qin Dynasty
The Qin dynasty ( ; zh, c=秦朝, p=Qín cháo, w=), or Ch'in dynasty in Wade–Giles romanization ( zh, c=, p=, w=Ch'in ch'ao), was the first Dynasties in Chinese history, dynasty of Imperial China. Named for its heartland in Qin (state), Qin state (modern Gansu and Shaanxi), the Qin dynasty arose as a fief of the Western Zhou and endured for over five centuries until 221 BCE when it founded its brief empire, which lasted only until 206 BCE. It often causes confusion that the ruling family of the Qin kingdom (what is conventionally called a "dynasty") ruled for over five centuries, while the "Qin Dynasty," the conventional name for the first Chinese empire, comprises the last fourteen years of Qin's existence. The divide between these two periods occurred in 221 BCE when King Zheng of Qin declared himself the Qin Shi Huang, First Emperor of Qin, though he had already been king of Qin since 246 BCE. Qin was a minor power for the early centuries of its existence. The streng ...
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Qin (state)
Qin () was an ancient Chinese state during the Zhou dynasty. Traditionally dated to 897 BC, it took its origin in a reconquest of western lands previously lost to the Rong; its position at the western edge of Chinese civilization permitted expansion and development that was unavailable to its rivals in the North China Plain. Following extensive "Legalist" reform in the fourth century BC, Qin emerged as one of the dominant powers of the Seven Warring States and unified the seven states of China in 221 BC under Qin Shi Huang. It established the Qin dynasty, which was short-lived but greatly influenced later Chinese history. History Founding According to the 2nd century BC historical text ''Records of the Grand Historian'' by Sima Qian, the Qin state traced its origin to Zhuanxu, one of the legendary Five Emperors in ancient times. One of his descendants, Boyi, was granted the family name of Yíng by Emperor Shun. During the Xia and Shang dynasties, the Yíng clan split ...
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Five Punishments
The Five Punishments () was the collective name for a series of physical penalties meted out by the legal system of pre-modern dynastic China. Over time, the nature of the Five Punishments varied. Before the time of Western Han dynasty Emperor Han Wendi (r. 180–157 BC) they involved tattooing, cutting off the nose, amputation of one or both feet, castration and death. Following the Sui and Tang dynasties (581–907 AD) these were changed to penal servitude, banishment, death, or corporal punishment in the form of whipping with bamboo strips or flogging with a stick. Although the Five Punishments were an important part of Dynastic China's penal system they were not the only methods of punishment used. Origin The earliest users of the Five Punishments are believed by some to be the Sanmiao Clan (三苗氏). Other sources claim they originated with Chiyou, the legendary creator of metalwork and weapons and leader of the ancient Nine Li (九黎) ethnic group. During the subse ...
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Confucius
Confucius ( ; zh, s=, p=Kǒng Fūzǐ, "Master Kǒng"; or commonly zh, s=, p=Kǒngzǐ, labels=no; – ) was a Chinese philosopher and politician of the Spring and Autumn period who is traditionally considered the paragon of Chinese sages. Confucius's teachings and philosophy underpin East Asian culture and society, remaining influential across China and East Asia to this day. Confucius considered himself a transmitter for the values of earlier periods which he claimed had been abandoned in his time. His philosophical teachings, called Confucianism, emphasized personal and governmental morality, correctness of social relationships, justice, kindness, and sincerity. His followers competed with many other schools during the Hundred Schools of Thought era, only to be suppressed in favor of the Legalists during the Qin dynasty. After the collapse of Qin and the victory of Han over Chu, Confucius's thoughts received official sanction in the new government. During the Tan ...
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Li Kui (legalist)
Li Kui (, 455–395 BC) was a Chinese hydraulic engineer, philosopher, and politician. He served as government minister and court advisor to Marquis Wen (r. 403–387 BC) in the state of Wei. In 407 BC, he wrote the ''Book of Law'' (Fajing, 法经), which was the basis for the codified laws of the Qin and Han dynasties. His political agendas, as well as the ''Book of Law'', had a deep influence on later thinkers such as Han Feizi and Shang Yang, who would later develop the philosophy of Legalism based on Li Kui's reforms. Life and reforms Li Kui was in the service of the Marquis Wen of Wei even before the state of Wei was officially recognised, though little else is known of his early life. He was appointed as Chancellor of the Wei-controlled lands in 422 BC, in order to begin administrative and political reforms; Wei would therefore be the first of the Seven Warring States to embark on the creation of a bureaucratic, rather than a noble-dominated, form of government. The ma ...
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