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Traditional Chinese Law
Traditional Chinese law refers to the legal system including laws, regulations, and rules used in Sinosphere. 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 and saw such peop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal System
A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is the subject matter of comparative law, while the definition of legal systems in the abstract has been largely the domain of legal philosophy. Although scholarship has largely focused on national legal systems, many other distinct legal systems exist; for example, in Canada, in addition to the Canadian legal system there are numerous Canadian Indigenous law, Indigenous legal systems. The term "legal system" is often used to refer specifically to the laws of a particular nation state. Some countries have a single legal system, while others may have multiple overlapping legal systems arising from distinct sources of sovereign authority, as is often the case in federal states. In addition, different groups within a country are sometimes subject ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King Wu Of Zhou
King Wu of Zhou (; died ), personal name Ji Fa, was the founding king of the Chinese Zhou dynasty. The chronology of his reign is disputed but is generally thought to have begun around 1046 BCE and ended with his death three years later. King Wu was the second son of Ji Chang (posthumously King Wen) and Tai Si. In most accounts, his older brother Bo Yikao was said to have predeceased his father, typically at the hands of King Zhou of Shang, 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. (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. During the ninth year of his reign, Fa marched down the Yellow River to the Mengjin ford and met with more than 800 dukes. He constructed an ... [...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 soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tang Dynasty
The Tang dynasty (, ; zh, c=唐朝), or the Tang Empire, was an Dynasties of China, imperial dynasty of China that ruled from 618 to 907, with an Wu Zhou, 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 civilisation, and a Golden age (metaphor), golden age of cosmopolitan culture. Tang territory, acquired through the military campaigns of its early rulers, rivalled that of the Han dynasty. The House of Li, Li family founded the dynasty after taking advantage of a period of Sui decline and precipitating their final collapse, in turn 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 Wu Zhou dynasty and becoming the only legitimate Chinese empress regnant. The An Lushan rebellion (755 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Han Dynasty
The Han dynasty was an Dynasties of China, imperial dynasty of China (202 BC9 AD, 25–220 AD) established by Liu Bang and ruled by the House of Liu. The dynasty was preceded by the short-lived Qin dynasty (221–206 BC) and a warring interregnum known as the Chu–Han 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 the usurping regent Wang Mang, and is thus separated into two periods—the #Western Han (202 BC – 9 AD), Western Han (202 BC9 AD) and the #Eastern Han (25–220 AD), Eastern Han (25–220 AD). Spanning over four centuries, the Han dynasty is considered a Golden ages of China, golden age in Chinese history, and had a permanent impact on Chinese identity in later periods. The majority ethnic group of modern China refer to themselves as the "Han people" or "Han Chinese". The spoken Chinese ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Han Fei Zi
The ''Han Feizi'' () is an ancient Chinese text attributed to the Legalist political philosopher Han Fei. It comprises a selection of essays in the Legalist tradition, elucidating theories of state power, and synthesizing the methodologies of his predecessors. Its 55 chapters, most of which date to the Warring States period , are the only such text to survive fully intact. The Han Feizi is believed to contain the first commentaries on the ''Dao De Jing''. Traditionally associated with the Qin dynasty, succeeding emperors and reformers were still influenced by Shen Buhai and the Han Feizi, with Shang Yang's current again coming to prominence in the time of Emperor Wu. Often considered the "culminating" or "greatest" Legalist texts, Han Fei was dubbed by A. C. Graham amongst as the "great synthesizer" of 'Legalism'". Sun Tzu's ''The Art of War'' incorporates both a Daoist philosophy of inaction and impartiality, and a 'Legalist' system of punishment and rewards, recalling Han Fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shang Yang
Shang Yang (; c. 390 – 338 BC), also known as Wei Yang () and originally surnamed Gongsun, was a Politician, statesman, chancellor and reformer of the Qin (state), State of Qin. Arguably the "most famous and most influential statesman of the Warring States period", Gongsun was born in the Zhou Kingdom, Zhou vassal state of Wey (state), Wey,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." migrating to take up office in the Qin state. His policies laid the administrative, political and economic foundations that 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''. Biography Shang Yang was born as the son of a concubine to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qin Dynasty
The Qin dynasty ( ) was the first Dynasties of China, imperial dynasty of China. It is named for its progenitor state of Qin, a fief of the confederal Zhou dynasty (256 BC). Beginning in 230 BC, the Qin under King Ying Zheng engaged in a Qin's wars of unification, series of wars conquering each of the rival states that had previously pledged fealty to the Zhou. This culminated in 221 BC with the successful unification of China under Qin, which then assumed an imperial prerogativewith Ying Zheng declaring himself to be Qin Shi Huang, the first emperor of China, and bringing an end to the Warring States period (221 BC). This state of affairs lasted until 206 BC, when the dynasty collapsed in the years following Qin Shi Huang's death. The Qin dynasty's 14-year existence was the shortest of any major dynasty in Chinese history, with only two emperors. However, the succeeding Han dynasty (202 BC220 AD) largely continued the military and administ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qin (state)
Qin (, , or ''Ch'in'') was an ancient Chinese state during the Zhou dynasty. It is traditionally dated to 897 BC. The state of Qin originated from a reconquest of western lands that had previously been lost to the Xirong. Its location at the western edge of Chinese civilisation allowed for expansion and development that was not available to its rivals in the North China Plain. After extensive reform during the 4th century BC, Qin emerged as one of the dominant powers among the Seven Warring States. It Qin's wars of unification, unified the seven states of China under Qin Shi Huang in 221 BC. This unification established the Qin dynasty, which, despite its short duration, had a significant influence on later Chinese history. Accordingly, the state of Qin before the Qin dynasty was established is also referred to as the "predynastic Qin" or "proto-Qin". History Founding According to the 2nd-century BC ''Records of the Grand Historian'' by Sima Qian, the state of Qi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Western Han dynasty Emperor Han Wendi (180–157 BC), the punishments 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 (). Other sources claim they originated with Chiyou, the legendary creator of metalwork and weapons and leader of the ancient Nine Li () ethnic group. During the subsequent Xia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confucius
Confucius (; pinyin: ; ; ), born Kong Qiu (), was a Chinese philosopher of the Spring and Autumn period who is traditionally considered the paragon of Chinese sages. Much of the shared cultural heritage of the Sinosphere originates in the philosophy and teachings of Confucius. His philosophical teachings, called Confucianism, emphasized personal and governmental morality, harmonious social relationships, righteousness, kindness, sincerity, and a ruler's responsibilities to lead by virtue. Confucius considered himself a transmitter for the values of Ancient China, earlier periods which he claimed had been abandoned in his time. He advocated for filial piety, endorsing strong family loyalty, Ancestor veneration in China, ancestor veneration, the respect of elders by their children and of husbands by their wives. Confucius recommended a robust family unit as the cornerstone for an ideal government. He championed the Silver Rule, or a negative form of the Golden Rule, advising, "Do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Li Kui (legalist)
Li Kui (; 455–395 BC) was a Chinese Hydraulic engineering, hydraulic engineer, philosopher, and politician. He served as minister and court advisor to Marquess Wen of Wei (). In 407 BC, he wrote the ''Canon of Laws''. Said to have been a main influence on Shang Yang,Edward L. Shaughnessy 2023. A Brief History of Ancient China. https://books.google.com/books?id=xFe8EAAAQBAJ&pg=PA203 it served the basis for the codified laws of the Qin dynasty, Qin and Han dynasty, Han dynasties. His political agendas, as well as the ''Book of Law'', had a deep influence on later thinkers such as Han Fei and Shang Yang, who would later develop the philosophy of Legalism (Chinese philosophy), 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 recognized, 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 adm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
