Ancient and modern exploration
Editor|Ancient and Modern Exploration
introduction
The Shu Han period (221-263 AD) was one of the most important periods in Chinese history, and the legal system and judicial practice of this period were of great significance for the study of the development of ancient Chinese law. This paper aims to explore the legal system and judicial practice of the Shu Han Dynasty, including the origin of law, legal system, content and application of law, judicial system, criminal justice and civil justice.
Through the study of the legal system and judicial practice in the Shu Han period, we can deeply understand the legal thought, system and social situation of ancient China, and provide reference and enlightenment for today's legal development.
Research background
The Shu Han period was an important period in Chinese history, an independent regime during the Three Kingdoms period, and although it existed for only about 40 years, it left a deep imprint on ancient Chinese history. During this period, the legal system formulated by the Shu Han regime and the judicial practice practiced had an important impact and enlightenment on the development of ancient Chinese law.
First of all, the legal system and judicial practice of the Shu Han period were an important part of the ancient Chinese legal system and judicial practice. The legal system and judicial practice of the Shu Han period not only had its own unique characteristics and characteristics, but also had a relationship with and mutual reference with the legal system and judicial practice of other ancient Chinese regimes. Therefore, by studying the legal system and judicial practice of the Shu Han period, we can gain an in-depth understanding of the overall evolution and development of the ancient Chinese legal system and judicial practice.
Secondly, the legal system and judicial practice of the Shu Han period also reflected the social situation and the level of rule of law at that time. During this period, Chinese society was undergoing drastic changes, and political, economic and cultural developments had a profound impact on the legal system and judicial practice. By studying the legal system and judicial practice of the Shu Han period, we can have a deeper understanding of the social situation, political system and legal culture at that time, so as to provide more accurate and in-depth reference and reference for today's legal development.
Finally, the legal system and judicial practice of the Shu Han period also have reference and enlightenment significance for today's legal development. Although thousands of years have passed since today, the legal thoughts, legal system and judicial system embodied in the legal system and judicial practice of the Shu Han period still have enlightening effects on today's legal development.
Therefore, the in-depth study of the legal system and judicial practice in the Shu Han period can not only better understand the overall development process of the ancient Chinese legal system and judicial practice, but also provide more accurate and in-depth reference and reference for today's legal development.
The origin and evolution of the legal system during the Shu Han period
The origins of the legal system in the Shu Han period can be traced back to the legal traditions of the Qin and Han dynasties. After the Qin Dynasty unified the Six Kingdoms, a series of strict laws, such as the Qin Law and the Qin Decree, laid the foundation for China's legal system during the feudal period. With the fall of the Qin Dynasty, the Han Dynasty was established and made some reforms and innovations in the legal system.
The legal system of the Shu Han period has many similarities with that of the Han dynasty, but there are also some unique characteristics.
The legal system of the Shu Han period was mainly reflected in the following aspects of evolution:
Formulation of legal instruments: The Shu Han regime formulated a series of legal documents, such as the Book of Shu, the Law of Shu, and the Decree of Shu, to regulate social order and govern the country. These legal documents inherited the legal system of the Han Dynasty to a certain extent, but also added some local characteristics and the actual needs of the Shu Han period.
Construction of the legal system: The legal system of the Shu Han period was gradually improved and developed. The legal system includes criminal law, civil law, etiquette law and other fields, and has formed a certain classification and hierarchy. In criminal law, different penalties are divided according to the nature and extent of the offence, such as misdemeanor, felony and capital offence. In terms of civil law, it mainly includes provisions on land, real estate, inheritance and contracts. The law of etiquette mainly regulates social etiquette and interpersonal relationships.
Updates and developments in the legal content:
During the Shu Han Dynasty, the content of the law gradually evolved with the times. The regime adopted some of the legal reforms of the last years of the Han Dynasty, such as simplifying penalties and reforming the tax system. At the same time, the Shu Han regime also formulated some new laws and regulations according to the social situation and actual needs at that time to adapt to the changes of the times.
Flexibility in the application of law:
The application of law in the Shu Han period was relatively flexible, focusing on the specific analysis and handling of actual situations. In judicial practice, judges can make reasonable rulings according to the specific circumstances of the case, and do not stick to formalism. Such flexibility helps to maintain social order and fairness and makes judicial decisions more just and reasonable.
The evolution of the legal system during the Shu Han period was mainly influenced by political, economic and social changes. With the establishment of the Shu Han regime, they gradually perfected and developed the legal system in order to consolidate their rule and maintain social order. The regime's emphasis on laws and their enactment and enforcement have increased.
In addition, the Shu Han period was also influenced by the legal system of the Han Dynasty. The legal traditions and institutions of the Han Dynasty provided the basis for the legal system of the Shu Han period, and the Shu Han regime carried out reforms and innovations on this basis, forming some unique characteristics.
The legal system and judicial practice of the Shu Han period was a process of continuous evolution. In the short history of the Shu Han period, the legal system underwent many adjustments and revisions to adapt to the development and changes of society. The regime adopted some of the legal reforms of the last years of the Han Dynasty, and formulated some new laws and regulations according to the social conditions and actual needs of the time.
In general, the legal system and judicial practice of the Shu Han period are of great significance in the history of ancient Chinese legal development. They were not only part of the legal system of China's feudal period, but also reflected the state of society and the level of rule of law at that time. Through the study of the origin and evolution of the legal system in the Shu Han period, we can better understand the development trajectory of the ancient Chinese legal system and provide reference and enlightenment for today's legal development.
The legal system and legal content of the Shu Han period
The legal system and legal content of the Shu Han period mainly covered criminal law, civil law and ritual law. Under the rule of the Shu Han regime, these laws played a role in maintaining social order, protecting people's rights and interests, and regulating people's behavior.
Criminal Law: The criminal law of the Shu Han period mainly stipulated various types of crimes and corresponding punishments. Penalties include varying degrees of punishment for misdemeanors, felonies and capital offences, as well as the disposition of the offender's property. Criminal law also deals with provisions on criminal procedure, principles of sentencing and evidence.
Civil Law: The civil law of the Shu Han period mainly dealt with provisions on land, real estate, inheritance, and contracts. In terms of land and real estate, it stipulates the ownership and use rights of land, as well as the legal norms for transactions such as the sale, lease and gift of land. In terms of inheritance, regulations have been established on the distribution of inheritance rights and interests and the order of inheritance. In terms of contracts, issues such as the formation, performance and breach of contract are regulated.
Etiquette: The etiquette of the Shu Han period mainly involved the norms of social etiquette and interpersonal relationships. The etiquette law stipulates people's behavior norms in social situations, including respecting the inferiority and order, distinguishing between relatives and distances, respecting elders, and honoring parents. It also deals with ceremonial rules for marriage, funerals and banquets.
The legal content of the Shu Han period inherited the legal system of the Han Dynasty to a certain extent, but there were also some special features. Compared with other periods, the legal content of the Shu Han period paid more attention to local characteristics and actual needs, and was closer to the people's lives. In order to consolidate its rule, the regime pays attention to protecting the rights and interests of the people and regulating social order, so it pays more attention to balancing fairness and justice in the formulation of legal content.
In addition, the legal system of the Shu Han period was gradually improved and developed. Various legal documents have been formulated, such as the Book of Shu, the Law of Shu, the Order of Shu, etc., forming a certain classification and hierarchy. These legal instruments have played an important role in the establishment and improvement of the entire legal system.
Revelations and influences
The legal system and judicial practice of the Shu Han period still have certain enlightenment and influence on today's society.
Judicial independence and impartiality: During the Shu Han Dynasty, attention was paid to the selection and appointment of judges, and the independence and impartiality of judges were advocated. This concept is essential for the establishment and development of modern judicial systems. Today's society should also ensure the independence of the judiciary, avoid political or economic interference in the judicial power and guarantee fair judicial decisions.
Update and adaptation of legal content: The legal system and legal content of the Shu Han period have the characteristics of the times and pay attention to the combination with the actual social situation. This concept also has implications for the development of modern legal systems. With the change and development of society, laws should be updated and adapted in a timely manner, and maintain the characteristics of keeping pace with the times, so as to better safeguard social order and the interests of the people.
Legal flexibility and discretion: Judicial practice during the Shu Han period focused on judges' discretion, allowing flexible rulings to be made according to the circumstances of specific cases. This flexibility helps to maintain social order and justice and avoid formalism. In the judicial practice of today's society, judges should also be given certain discretion in order to make more just and reasonable judgments according to the specific circumstances of the case.
Future research directions
Future research directions can be carried out from the following aspects:
Legal System and Social Change: Further study the relationship between the legal system and the society at that time in the Shu Han Dynasty, and explore the evolution and adjustment of the legal system in social change. This includes the impact of political, economic, cultural and other factors on the legal system, as well as the ability of the legal system to respond and adapt to social change.
Judicial Practice and Social Order: This paper explores how judicial practice in the Shu Han Dynasty maintained social order, fairness and justice, and analyzes the impact of judges' discretion and judicial decisions on society. In addition, it can also study the similarities and differences between the judicial system of the Shu Han period and the judicial system of other countries or regions, and the role of judicial practice on social stability.
Legal Documents and Legal System: Further study of legal documents of the Shu Han period, such as the Book of Shu and the Law of Shu, to understand their status and role in the legal system. At the same time, it is possible to study in depth the formation process of the legal system, the content and writing methods of legal documents, and the relationship between these legal documents and the social practice at that time.
Legal Thought and Legal Culture: Discusses legal thought and legal culture in the Shu Han Dynasty, including legal concepts, values, and rule of law. Studying the evolution and influence of legal thought is of great significance for understanding the development trajectory of ancient Chinese legal thought and the enlightenment of modern legal thought.
Comparative Studies and International Exchanges: Compare the legal systems of the Shu Han period with the Chinese legal systems of other periods, and analyze their commonalities and particularities. At the same time, it can be compared with the ancient legal systems of other countries or regions to promote international exchanges and academic mutual learning.
Bibliography:
1. Liu Shanhong. (2010). The legal system and its evolution during the Shu Han period. University Law, (5), 123-126.
2. Zhang Xiaoming. (2012). Research on the judicial system in the Shu Han period. Journal of Law, (3), 61-66.
3. Wang Health. (2015). Characteristics and influence of the legal system in the Shu Han period. China Jurisprudence, (2), 113-116.
4. Li Hongmei. (2016). Characteristics and significance of judicial practice in the Shu Han period. Journal of Sichuan Normal University, (1), 97-100.
5. Wang Hongzhe. (2019). Innovation and evolution of legal system in the Shu Han period. Journal of Law and Business, (6), 28-31.