一天记住法制史【司考冲刺口诀】(Remember the legal history of the day [Scott] sprint formula)
一天记住法制史【司考冲刺口诀】(Remember the legal history of
the day [Scott] sprint formula)
Remember the legal history of the day [Scott] sprint formula
The Western Zhou Dynasty
Virtue is good for virtue and virtue for virtue
The heaven, and the people,
Ming Shen punishment
The practice of moral education should be lenient and lenient
The relationship between ceremony and punishment and the relationship between rites and punishments
Requirements within the scope of the family, act in accordance with their own identity, not the following Ling, to sparse pressure pro.
respect
In the society, respect should be respected, up and down, all the monarch should abide by birthright.
Five.
Ji Li, Xiong Li, salute, guest, Charlie
The relationship between ceremony and punishment
A ritual ceremony less than common people into the criminal, punishment is not the doctor.
Contract of sale
Long used slaves and horses of the bond
agent
The sale of weapons, rare objects use shorter bond
Loan broker
The object of obligation and rights and obligations of both parties in writing on bond etc.;
other
Is the office, in a short note the middle and both sides of the half, One divides into two., Zagreb on word for half the.
Three principles of marriage
Monogamy, no intermarriage, the life of parents.
the six ceremonies of betrothal and marriage
NACE, ask, Najib, Na, please sign and pro Ying
Seven
No, no, her parents Shun, jealousy, disease, say, theft
a wife's three objections against being cast off and sent back to her parents in feudal China
To marry without return, with more three years of mourning, before or after wealth
Succession of the eldest son
Legislation to the long, not to Yin, Li son to expensive, not long
Written in 536 BC
Zheng Guozi produced the first publication of grammar in Chinese history.
Bamboo punishment, 530 BC
Zheng Guo Deng
Casting Ding Ding, 513 BC
The history of Zhao Yang, China announced second statutory activities.
Legal status
Wei, Li Kui, law and discipline is the first relatively systematic feudal written code in Chinese history.
content
The method consists of six parts, and the thief stealing method, network method, capture method, complex method, complex method with the provisions of the law six ban: ban prostitution, the ban, ban, ban, gold and leisure ban etc.
Features
Uphold the feudal autocratic regime, protect the private property and slavery of the landlords, and carry out the rule of law of the minor penalty of the Legalist school. The content and characteristics of the Confucian classics fully reflect the will and interests of the new landlord class.
Main contents of Shang Yang's reform
Change the law for the law to extend legal content to use legal means implementing fuguoqiangbing measures legal techniques depriving the old aristocratic privilege to comprehensively implement the rule of law and the law of heavy Legalist claims.
Lawsuit system
The trial of civil cases for hearing.
prison
The trial of criminal cases for trial
Listen to the five
Hear, hear, hear, hear, hear
Five.
But officials, but only, but inside, but goods, but to
Three.
The ministers discussed, officials discussed, all people to discuss
Qin
Charge
Crimes against the imperial power, crimes against property and personal property, dereliction of duty, damage to social management order, destruction of marriage and family order
Punishment
Flogging, imprisonment, exile punishment, corporal punishment and death penalty, punishment, punishment and shame economic implicated punishment
Principle of application of punishment
Capacity for criminal responsibility, Qin is determined to be adult by height, about six feet five inches in adult height. The principle of distinguishing theft, intentional and negligent according to the value of the principle of conviction is booty crime and group crime aggravated recidivist principle penalty aggravating the principle of abetting crime aggravated punishment principle of surrender mitigated punishment principle on the principle of false accusation
The office will inform the public
The government authorities must accept the authorities and refuse to accept them
Han dynasty
Dili Wenjing the end of slavery abolition of corporal punishment corporal punishment system, laid an important foundation to establish the feudal penal system.
On the Confucian doctrine of the Han Dynasty, please ask for mercy and kiss first
Judging by < > in the spirit of spring and autumn in principle.
Autumn and winter executions
Wei-Jin period
Change the code structure and the law of Wei Cao Wei law law will by the out method to the structure and content of the
criminal's eight representative system officially included in the code to further adjust the code, the Chinese feudal code in the system and scientific progress step.
Jin Tai Shi law legislation in criminal law the law of increasing law, enrich the learning content of general principles of criminal law. At the same time, re arrangement of criminal law provisions, to ban punishment width, Jane's direction is a big step. Zhang Fei and Du Yu make notes for it.
The appearance of the northern law officer
The law of the Northern Qi Dynasty and forms of law and legislation will name law cases. The law of the Northern Qi Dynasty plays an important role in China feudal legal history, far-reaching impact on the feudal legislation.
Laws of change in form, order, division, comparison, case, formula
The content of the code changes eight, discuss the pro, the discussion of the reason, the discussion of Yin, discuss the merits, discuss the merit, discuss the expensive, discuss the diligent and discuss the guest
A system of privileges for officials to allow their officials to fold their sentences. It officially appeared in the Northern Wei law and Chen law.
For the first time ten felonies in the law of the Northern Qi dynasty. Inverse, regicide, judge, drop, evil against, not road,
disrespectful, impious, evil and strife
The penalty reform stipulates the death penalty system such as stranding and chopping. The penal provisions. A wide margin as the death penalty measures to exile. Provisions of flogging, caning.
The abolition of castration.
Five with crime of failure, failure, cut Qi great merit, small power, fine linen hemp
Death penalty repetition system
Tang dynasty
The law of Tang Dynasty's first code
In addition the service flow law, narrowing the scope of even death, the wicked, and on the eight, this analogy principle and system. Basically the main content and the style of Tang was determined on the later "yeonghwiwon law" and other laws have a profound impact.
Yonghui law Shu Tanglushuyi Yonghui law and marks the completion of China ancient legislation reached the highest level. As the highest achievement of Chinese feudal legal system, "Yong Hui Yi Shu" fully embodies the level, style and basic features of ancient Chinese legal system and becomes a representative code of Chinese legal system. The "eternal emblem" became the most complete, earliest and most influential
ancient written code in the history of china.
Wicked rebellion, seeking regicide, insurgence, evil against, not road, disrespectful, impious, discord, injustice and strife
Six kill murder, intentional homicide, murder, manslaughter, fighting negligence kill, play to kill
Six stolen by the financial pervert, money is not capricious, by supervising, robbery, theft, pecuniary malfeasance
"Innocent" refers to the consequences of the crime of wounding is not immediately revealed, the provisions of the injured party in a certain period of time to the injured party responsible for the change in a special system.
Flogging, caning, five penalties of imprisonment, exile and death
The principle of punishment of crime principle the principle of distinguishing between public and private surrender analogy principle barbarian principle
The combination of features, the characteristics of the brief and wide suitable features in a simple legislative technique to improve the characteristics of Tang is a sign of Chinese model of the traditional laws and the legal system of the form.
Song
The song first published the history of the enactment of the law. The full name of "Song Jianlong in criminal system.
The table of contents, contents and features of song punishment system Yonghui law is roughly the same as the thinning will be the same or similar nature of the law and relevant documents, orders, case, type, please such provisions as a collection of documents, part of the five generation of traffic order, style, type, code structure to form a combined law deleted go to the history part of Yonghui law before each of a sparse, words have changed.
This is a series of single edict of finishing the book, rise to a legislative process in the form of general law.
The change stick method, distribution service, Ling Chi (in a ritual class "Qingyuan", officially as a statutory death penalty)
Contract of sale contract (land, finance lease, wrong) mortgaging loan contract (contract of tenancy contract to service called the use of credit debt, the interest of the consumer lending out lift)
Cross cousin marriage marriage does not prohibit maternal cousin brothers and sisters.
No and allow inheritance in family, enjoy the inheritance of property rights. Acknowledge and posthumous offspring have the same right of inheritance. No man succeeds juehu home.
Yuan dynasty
Four, the Mongols, Semuren, Han, South
The Ming Dynasty
Daming law seven articles, famous example, officials, households, gifts, soldiers, penalties, workers
Gao Ming embodies Zhu Yuanzhang "severe political thought.
Qing Dynasty
The last feudal written code in Chinese history.
The most important form of law in Qing dynasty. Regulations, rules, procedures, examples
Ming Huidian DAMINGHUIDIAN, < < > > Qing code, administrative law
the late Qing Dynasty
Constitutional preparation
The outline of constitution in August 1908, constitutional compiledinvestigation museum. Nature: the first
constitutional document in modern Chinese history. Content: the eagle on the power and the subjects of rights and obligations two characteristics: the emperor despotism, people had no right to the essence of the feudal autocratic monarchy
with a "constitutional" coat, confirm the absolute power of the monarchy in the form of law.
Nineteen creed 1911, Advisory Council (central advisory body). Content: formally forced to reduce the power of the emperor, it expanded the power of Parliament and the prime minister, but still emphasized the supremacy of imperial power, and did not mention the rights of the people, but also exposed its nature.
In the current criminal law in May 15, 1910, changed the law called "criminal law", the law will be canceled six head, code name according to the nature of 30 door, belonging to the nature of the civil provisions no longer sentence cruel punishment, abolished some practices (Ling Chi), added some new charges (communication obstruction crimes).
The new criminal law of Qing Dynasty in January 25, 1911, the Ministry announced the first China history in the modern sense of the special criminal law. The new criminal law of Qing Dynasty is divided into general and specific provisions two. Abandoned the old law, "all the law fit" in the form of compilation. Adopt the principle of legally prescribed punishment for a specified crime and probation system.
Qing business law draft in January 1904, "James Qing business law", is the first commercial law of Qing dynasty.
The draft civil law of the Qing Dynasty, August 1911, under the draft civil law of the Qing Dynasty, is divided into five parts: General principles, debts, property rights, relatives and inheritance.
The six series of the draft criminal procedure law of the Qing Dynasty, imitated the German procedural law.
The four draft of the Civil Procedure Law of Qing Dynasty was copied from the German procedural law.
On the development of Dali temple and the trial organization regulations of Dali hospital preparation in 1906.
Trial courts of temporary rules issued in 1907 on trial, jurisdiction, trial system of litigation system and rules of a transitional law.
The court law, which followed the statutes of the court in 1910, absorbed a series of new judicial principles, such as public trial, but did not really carry it out.
At the end of the Qing Dynasty judicial system change Xingbu method Department of Dali temple Dali Institute four level three trial system of consular jurisdiction, Guanshen, Mixed Court
the Republic of China era
The provisional constitution of the Republic of China in March 11, 1912 published an important document, is the history of the original China bourgeois constitutional documents. The nature of the provisional constitution) 1) guided by Sun Zhongshan's theory of civil rights. 2) the state system of the Democratic Republic of the bourgeoisie has been determined. 3) affirmed
the political and organizational principles of the bourgeois democratic republic. 4) it embodies the principle of general democracy and freedom in the constitution of the bourgeoisie, and stipulates that the people enjoy freedom of the people, property, housing, religion and other rights such as election, election, examination, petition and litigation. 5) ensure the principle of protecting private property. The main features of the provisional constitution: to limit and prevent the 1 to Yuan Shikai) in the state power system, change the president system into the cabinet. 2) enlarge the power of the Senate in terms of power relations. 3) in procedural provisions, special procedures are amended to restrict Yuan Shikai. Significance is the first constitutional document of the bourgeois republic in Chinese history.
The Tiantan in 1913, the first draft of the constitution of Beiyang government. Adopt the principle of the separation of the three powers of the bourgeoisie and confirm the Democratic Republic system.
Republic of China provisional constitution of the Republic of China in 1914, < > and < the provisional constitution, the provisional constitution, there is a fundamental difference, is a sign of warlord fully determined.
The constitution of the Republic of China in 1923, the Beiyang government, Chinese modern history first formally enacted the constitution. Features: the essence of trying to cover up the warlord; relationship between the average size of warlords, consolidate the power of state and local government made special provisions.
The constitution of the Republic of China (1947)
characteristics of the Nanjing National Government: on the surface of the people, by the people and for the people, and the essence of personal dictatorship regime; neither fish nor fowl. The rights of democracy and freedom of the people are listed more fully than any previous constitutional document. But deny it again. To protect the feudal exploitation and strengthen the bureaucrat monopoly economy with the name of the average land ownership and the control of capital.