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(A)' Tang Law'-a unified code of etiquette

1. The revision process of the Tang Law-from the Five Virtues Law to the Yonghui Law. Tang Gaozu Li Yuan (A.D. 6 18-626) played in the seventh year of Wude (A.D. 624) as the law of Wude, which was the first code in the Tang Dynasty. There are 500 articles in the Law on Military Morality *** 12. After Emperor Taizong ascended the throne, in view of the fact that the martial law at that time could not fully meet the needs, in the first year of Zhenguan, Sun Chang Wuji, Fang and others were ordered to further revise the martial law and formulate a new code with reference to the Sui Kaidi Law, which was called Zhenguan Law in the eleventh year of Zhenguan (AD 637). Zhenguan method or 12 article 500. Revision of Zhenguan Law. For example, the principles and systems of five punishments, ten evils, eight discussions and analogy are determined by increasing the flow of labor and narrowing the scope of death by sitting. The revision of Zhenguan Law basically determined the main content and style of the Tang and Sui Dynasties, which had a far-reaching impact on the later Yonghui Law and other codes.

2. The promulgation of Yonghui Law. Yonghui Law, also known as Tang Law, is an extremely important code completed in Yonghui period of Tang Gaozong. In the second year of Emperor Gaozong Yonghui (AD 65 1 year), Sun Chang Wuji and Li Ji revised the Zhenguan Law. For example, the words in the famous article Zhenguan Original Law were even more "reasonable". They solemnly declared: "The old law was harmful to reason, but now it is harmful to reason to cover up the original appearance." Finally, I played the newly written law 12, which is Yonghui's law. In view of the fact that the central and local governments had different understandings of the legal provisions in the trial at that time, and there was no unified authoritative standard for the Ming and French examinations in the imperial examinations every year, Tang Gaozong ordered lawyers to study generalists and some important courtiers in Yonghui for three years.

The interpretation of Yonghui Law sentence by sentence inherits the achievements made by Zhang Fei and Du Yu since the Han and Jin Dynasties, especially in the Jin Dynasty. It took 65,438+0 years to write a 30-volume Law Book, which was co-edited with Yonghui Law. In October of the fourth year of Yonghui, Emperor Gaozong approved it and discussed the attached law. The score 12, 30 volumes * * *, is called Yonghui Law Book. After the Yuan Dynasty, people began with the word "discussing Japan", so it was also called "discussing laws in Tang Dynasty". Because of the unified legal interpretation of the whole law, it has brought convenience to the actual judicial trial, so that the book "Old Tang Law" says that "those who broke the prison at that time all cited and analyzed". The role of discussion is very important. In the book The History of Legal Development in China, Yang Honglie, a scholar, thinks that "Yonghui's law has been passed down to this day only through discussion".

Yong Lv Hui Shu summarizes the experience of legislation and legal annotation since the Han, Wei and Jin Dynasties, not only accurately explains and explains the main legal principles and systems, but also quotes Confucian classics as the theoretical basis of law as much as possible. The completion of Yonghui Law marks the highest level of ancient legislation in China. As the highest achievement of China's legal system, Yong Lv Hui Shu fully embodies the level, style and basic characteristics of China's ancient legal system, becomes a representative code of China's legal system, and has a far-reaching impact on several neighboring countries in the future. At the same time, the pre-Zhenguan laws were out of order, so Yonghui Law Book became the most complete, earliest and most influential ancient written code in the history of China. It occupies the most important position in the history of ancient legislation in China.

(2) heinous

1 From "Ten Felony" to "Ten Evil". The so-called "ten evils" are the ten major crimes that seriously endanger the fundamental interests of the ruling class as stipulated by the laws of Sui and Tang Dynasties, which originated from the "ten major crimes" of the laws of Northern Qi Dynasty. On the basis of "ten felonies", the Law of Sui Dynasty gained and lost, and determined the system of ten evils. Tang law inherited this system and included "ten evils" in the name law. The famous book "Yi" in the Law of the Tang Dynasty said: "Among the five punishments, ten evils are particularly serious, and the name of the text is marked with Ming."

2. The specific content of ten evils in Tang Law:

(1) rebellion: refers to the act of murdering the emperor and endangering the country;

(2) To seek great rebellion: it refers to the act of plotting to destroy the national ancestral temple, the emperor's mausoleum and the palace;

(3) Rebellion: refers to betraying the country and going to the enemy country;

(4) Evil disobedience: refers to the act of beating or murdering grandparents, parents and other respected relatives.

(5) No way: refers to the act of killing three people and dismembering them in non-capital crimes.

(6) Disrespect: refers to stealing the emperor's sacrificial offerings or imperial objects, forging or stealing the emperor's seal, misadjusting imperial medicine, mistakenly violating the fasting order, slandering the emperor and the ceremony of being an official, and damaging the emperor's dignity.

(7) Filial piety: refers to such unfilial acts as suing grandparents and parents, setting up private portals without their consent, dividing property, supporting grandparents and parents, and mourning their parents;

(8) Inconsistency: it means that the act of murdering or accusing the husband exceeds meritorious service;

(9) Injustice: refers to the act of killing the supervisor, trainee and husband for funeral;

(10) Civil strife: refers to incest such as raping relatives with slight achievements or above.

The crimes stipulated in the "ten evils" system in the Law of the Tang Dynasty can be roughly divided into two categories, one is the crime of violating imperial privilege and the other is the crime of violating ethical norms. The Law of the Tang Dynasty concentrated these charges at the top of the Law of Ming Regulations, and gave the most severe punishment in specific provisions. Moreover, the Tang law stipulates that those who commit ten evils will always be pardoned without applying the eight suggestions and other provisions, which is the origin of the saying of "heinous crimes". These special provisions fully embody the essence of the Tang law, focusing on safeguarding imperial power, privileges, traditional ethical principles and ethical relations.

(3) six kills, six stolen goods and protecting koo.

1, six kills. According to the criminal's subjective intention, the Thief's Chapter in the Tang Dynasty distinguishes six killings, namely, the so-called "name killing", "rational killing", "fighting", "negligent killing" and "playing killing". The "murder" in the Tang law refers to premeditated murder; "So kill" means that although there is no premeditation in advance, you have the idea of killing when you feel urgent; "Beating and killing" means that the target of killing is misplaced for various reasons; "manslaughter" means "out of sight, out of mind", that is, manslaughter; "Killing game" refers to "violent game" that leads to murder. Based on the above differences, the Tang law stipulated different penalties. Murder, usually several punishments such as murder, but the handmaiden's murder of the master, children and grandchildren's murder of their loved ones is under the death penalty, which embodies the maintenance of traditional ethical principles. Intentional murder is usually punishable by death. Manslaughter will reduce the first-degree punishment of homicide. Fighting and killing also reduces the first-class punishment of homicide. Killing and killing will reduce the second-class punishment for fighting crime. Manslaughter is generally called "atonement theory", that is, making copper atone. The emergence of the theory of "Six Killings" reflects the development and perfection of the traditional killing theory in Tang Dynasty.

2. Six stolen goods. Six kinds of stolen goods refer to six kinds of crimes of illegally obtaining public or private property stipulated in the Tang law. The laws of the Tang Dynasty require officials to be honest and clean, and severely punish those who abuse power for personal gain or graft. The laws of the Tang Dynasty stipulated heavier penalties for property crimes than ordinary people. 6. The stolen goods specifically include the following expenses:

One is "taking money to bend the law", which refers to the behavior of officials taking money but not bending the law. The Official System of the Tang Dynasty stipulates that all officials who suffer financial injustice will be arrested with 15 horses.

The second is that "accepting money does not bend the law", that is, officials do not bend the law when accepting property. According to the official system of the Tang Dynasty, 30 horses loaded with stolen goods should be put to death even if they don't break the law.

The third is "imprisoned", that is, officials use their powers to illegally accept the property of people or subordinates within their jurisdiction. The Law of the Tang Dynasty stipulated the post station system. Officials are not allowed to accept gifts wherever they go on business trips, and those who take the initiative to ask for or forcibly ask for property will be severely punished. If a prison guard steals the property of his own prison or the property of a prisoner, he will be given a second-class punishment than stealing, and those who steal more than 30 horses will be twisted off. It even stipulates that it is not allowed to borrow property from prisoners; Do not treat subordinates privately or use their powers to do business for profit; Otherwise, depending on the situation, they will be flogged or imprisoned. The Law of the Tang Dynasty also stipulates that officials should restrain their families from accepting prisoners' property, and if their families commit crimes, they should be punished according to the officials themselves. If an insider steals his own things, he will be punished more severely than ordinary theft, and those who steal more than 30 horses will be twisted off.

The fourth is "robber", which refers to the act of obtaining public and private property by violent means. "Tang Law Thieves and Thieves" stipulates that robbers should be severely punished. Although they were deprived of money, they should be sentenced to two years' imprisonment. The murder weapon was the rich man's one foot and three years, the wounded ten horses, and the murderer beheaded.

Fifth, "theft" refers to the act of taking public and private property as your own by covert means. "Tang Law Thieves and Thieves" also strictly stipulates the general theft. Those who have no money will be fined 50, and those who have money will be punished with hard labor.

Sixth, "taking bribes" refers to the behavior that officials or ordinary people illegally give or accept property without taking advantage of their powers. The Miscellaneous Law of the Tang Dynasty stipulates that an official giving or receiving other people's property for something constitutes "taking bribes", and at the same time, it is forbidden for prison supervisors to serve the people and borrow property within their jurisdiction. Offenders will be punished as taking bribes.

The classification of six thieves and the principle of conviction according to the value of stolen goods were inherited by later generations, and the map of six thieves was attached in Ming and Qing Dynasties.

3. Protect you. It refers to a special system that the consequences of the offender's crime do not appear immediately, and stipulates that the offender is responsible for the changes of the offender's injury in a certain period of time. The Law of the Tang Dynasty stipulates: "The time limit for beating people with hands and feet is 10, for beating people with other things, for 20 days, for wounding people with a knife and soup and fire, for 30 days, and for breaking limbs and bones, for 50 days." If the injured person dies within a limited time, the injured person shall bear the criminal responsibility for killing; Those who die outside the limit or are killed by others within the limit will only bear criminal responsibility for hurting people. Although it is not scientific enough, it is an improvement compared with the past to determine the time limit for protecting koo in the Tang Dynasty to determine the criminal responsibility of the injured person.

(4) Five punishments and the principle of punishment

1, five penalties in Tang Law. As the basic legal punishment, the Law of the Tang Dynasty adopted five punishments, namely slap, stick, exile and death, which were established in the Emperor Law of Sui Dynasty, and its specific specifications were slightly different from those in the Emperor Law.

(1) flogging, the lightest of the five punishments, is divided into five grades, ranging from 10 to 50, and each grade is increased by10;

(2) The stick punishment is also divided into five grades, ranging from 60 to 100, with ten sticks for each grade;

(three) fixed-term imprisonment, divided into five grades, one year to three years, with half a year as the equal difference;

(4) Exile punishment is divided into three categories, namely, 2,000 li, 2,500 li and 3,000 li. There is also a service stream, which is three thousand miles long, but it will serve in the local area for three years after arriving in the exile;

(5) The death penalty is divided into beheading and strangulation.

2. The principle of punishment in Tang law.

(1) Principle of distinguishing between public and private. According to the law of the Tang Dynasty, public crimes are lighter and private crimes are heavier. The so-called public crime refers to "those who commit crimes because of official duties and are selfless", that is, those who commit crimes because of official duties, rather than pursuing self-interest, such as "being good at collecting money" and making selfless profits, will be given a lighter punishment. There are two kinds of so-called private crimes: one refers to "Bak Yan criminals who go on official business privately", that is, the crimes committed have nothing to do with official business, such as theft and rape. The other refers to the crime of "although it is official business, it means participating in Aqu", that is, using authority to pervert the law, if entrusted by others, perverting the law, etc. It is also punished as a private crime. At that time, officials also had to distinguish between public crimes and private crimes. Those who committed public crimes could be sentenced to 1 year in prison.

The main purpose of distinguishing public crimes from private crimes in Tang law is to protect the enthusiasm of officials at all levels in performing official duties and exercising their functions and powers, so as to improve the efficiency of state governance; At the same time, we should prevent some officials from abusing public interests for personal gain and abuse power for personal gain to ensure the unity of the legal system.

(2) the principle of surrender. First, strictly distinguish between surrender and rehabilitation. In the Tang dynasty, a person who can confess his crime to the court without being arraigned is called surrender. However, after the crime was exposed or the official found out that he had escaped, he surrendered himself again, which was called rehabilitation in the Tang Dynasty. Rehabilitation is forced, which is different from surrender. In the Tang Dynasty, the principle of commutation was reformed. Second, it is stipulated that serious crimes such as treason or crimes that cause serious consequences and irreparable damage do not apply to surrender. Anyone who "hurts others but can't atone for things", "cross-border adultery, private astronomy, is not among those who surrender." In other words, those who surrender to the above crimes will not be regarded as surrendering. Because these consequences are irreversible. Third, it is stipulated that the person who surrenders can be exempted from punishment, but "the stolen goods are still collected according to law", that is, the stolen goods must be fully compensated according to law to prevent the person who surrenders from illegally obtaining money. Fourth, incomplete surrender is called "false surrender", and incomplete confession of criminal circumstances is called "endless surrender". The Law of Famous Cases stipulates that "those who surrender falsely or incompletely" shall be punished as "untruthfulness without pardon". For the dead, listen to the reduction. "As for the part of the truthful confession, I will not pursue it.

In addition, the "Tang Law" stipulates that those who have committed a misdemeanor can commit a felony for the first time and be exempted from the felony; Those who can hand over the remaining crimes after interrogation are exempt from capital punishment. For the purpose of distinguishing and cracking down on crimes, Tang Law comprehensively and systematically developed the principle of surrender in traditional criminal law. These contents affect future generations.

(3) the principle of analogy. The Law of the Tang Dynasty on Famous Cases stipulates: "If there is no rule of proper conviction, those who should be guilty should lift the weight to be light; Those who are guilty must be light and heavy. " That is to say, if the punishment should be mitigated for similar cases that are not expressly stipulated by law, the provisions on misdemeanor punishment should be listed to solve serious cases through comparison. For example, the law says that murder requires beheading, but there is no provision for the crime of injury and felony murder. When dealing with cases that have hurt relatives, you can draw inferences from others and know that you should be punished by beheading. For example, in the middle of the night, the host rushed to kill the intruder in self-defense, regardless of the crime. There is no harm in law, but analogy stipulates that killing is no longer a crime, especially injury. The perfection of analogy principle in Tang Dynasty reflected the development of legislative technology at that time.

(4) the principle of transferring outsiders. The law of the Tang dynasty stipulates: "all foreigners and those who commit similar crimes must abide by this common law;" People who commit all kinds of crimes have laws to follow. " That is, foreigners of the same nationality who commit crimes in China shall be dealt with by the Tang Dynasty according to their own laws, and the principle of individualism shall be implemented. Foreigners of different nationalities who commit crimes in China shall be punished in accordance with the laws of the Tang Dynasty and the principle of territoriality shall be applied. At that time, it not only safeguarded national sovereignty, but also properly solved various legal disputes caused by the arrival of a large number of foreign nationals.

(V) Characteristics of Tang Law and Chinese Legal System

1, the characteristics of "the unity of etiquette and law". The Tang Dynasty inherited and developed the rule method of combining etiquette and law in the past, which made the rule of law "uniform" and truly realized the unification of etiquette and law. As Emperor Taizong said: "The prohibition of rudeness lies in the criminal book." Combining the spiritual strength of feudal ethics with the legal ruling power of political power, the coercive force of law strengthened the binding role of ceremony, and the binding force of ceremony strengthened the deterrent force of law, thus constructing a strict ruling legal network and effectively safeguarding the rule of the Tang Dynasty.

2. The characteristics of simplicity and moderation. The characteristics of legislation in Tang Dynasty are simple rules, moderate width and simplicity. In the past, the laws of Qin and Han Dynasties were famous for their complexity. After Emperor Wu of the Western Han Dynasty, laws and regulations were disordered because of one thing. The revision of laws in the Western Jin Dynasty greatly reduced the number of laws in the Han Dynasty, and the number of laws in the Northern Qi Dynasty was12,949, which was an improvement over before. In the Tang Dynasty, the Sui system was followed, and it was simple and lenient,12,502, which was inherited by later generations. Take the Law of Zhenguan revised by Emperor Taizong as an example. "those who are bored and turn their attention to lightness cannot win the discipline." It shows the above characteristics of Tang law.

3. Improve the characteristics of legislative technology. Demonstrated a superb level of legislative technology. If we surrender ourselves and turn outsiders into criminals, the certainty of analogy principle will be fully demonstrated. In order to prevent the abuse of officials, the method of dealing with the crime of intentional negligence of officials in the absence of explicit provisions in the law is stipulated in precise language. On the basis of inheriting the achievements of the previous generation, the concepts of public and private crime, intention and negligence are further clarified, and appropriate sentencing standards are stipulated. For example, "manslaughter" is explained in the litigation law: "It means that the eyes and ears are out of reach, the mind is out of reach, and the weight lifting objects are out of control. If you stumble on high heels, the killed animal will die." The Tang law is well-structured and universally recognized.

4. The law of Tang Dynasty is a model of China's traditional code and a symbol of the formation of Chinese legal system. The law of Tang Dynasty is a model of feudal code in China and occupies an important position in the legal history of China. The Tang dynasty inherited the legislative achievements of Qin and Han dynasties and absorbed the legal achievements of Han and Jin dynasties, which made the Tang law show a high degree of maturity. Due to the typicality of feudal laws, the laws of the Tang Dynasty had a far-reaching impact on the Song, Yuan, Ming and Qing Dynasties.

As a representative work of Chinese legal system, the Law of the Tang Dynasty transcended national boundaries and exerted great influence on Asian countries. The contents of Korean Koryo Law are all taken from Tang Law. The Dabao Law formulated by Wu Wen is also based on the Tang Law. The criminal books issued during the period of Li Taizun in Vietnam were mostly based on the Law of the Tang Dynasty. It can be seen that the law of the Tang Dynasty occupies an important position not only in China, but also in the legal history of the world.

Second, the laws of the Song and Yuan Dynasties

(A) the compilation of the Song Criminal Code

1, Song Punishment Series. In the fourth year of Song Taizu Jianlong (AD 963), the Song Law was revised at the invitation of Dou Yi, the minister of the Ministry of Industry. It was completed in July of the same year, written by Taizu, "copying Dali Temple rigidly and promulgating it in the world", which became the first published code in history. The full name is the detailed sentence system of the Song Dynasty, which is referred to as the punishment system of the Song Dynasty.

The compiling style of the Criminal Code can be traced back to the general category of large and medium-sized criminal laws promulgated by Emperor Xuanzong of the Tang Dynasty. The Criminal Code of Dazhou, which was adopted in the early years of Northern Song Dynasty, was the result of the development of the criminal code of the Five Dynasties. In the specific compilation, the criminal code is still based on the traditional criminal law, and at the same time, the relevant provisions such as regulations, orders, styles, court bans, general subjects of counties and counties are classified and attached, making it a comprehensive code.

There are several characteristics in the comparison between the Criminal Code of Song Dynasty and A Brief Introduction to the Laws of Tang Dynasty: First, the contents of the two books are basically the same. The Criminal System of Song Dynasty is also 30 volumes, with 12 and 502 articles. Second, the Criminal Code of the Song Dynasty is divided into 2 13 chapters in chapter 502 of 12, with the same or similar laws and related regulations, orders, forms, forms and requirements as one chapter. Thirdly, the Criminal Code of Song Dynasty contains some orders, decrees, tables and forms that prevailed in the Five Dynasties, forming a code structure of laws and decrees. Fourthly, the historical origin before each article in the Tang Law was deleted in the Song Criminal Code, and some words were changed because of taboos, such as changing the word "respect" from "disrespect" to "respect".

2. edit. The original intention is an elder's exhortation to inferiority. After the Northern and Southern Dynasties, it became an imperial edict. The literary inquisition in Song Dynasty refers to the orders given by the emperor to specific people or things. Orders are often more effective than laws and become the basis for final decisions. According to the laws of the Song Dynasty, this temporary order of the emperor had to go through the "restraint theory" of Zhongshu Province and the "blockade" of Xiamen Province before it was given the legal effect of the whole country.

Compilation is the legislative process of sorting out individual decrees into books and upgrading them to general legal types. Editing was an important and frequent legislative activity in Song Dynasty. When Zongshen was founded, there was also a special editing organization "Editorial Room". Judging from the compilation of Stegosaurus in the Taizu period, whenever a new emperor ascended the throne or changed the yuan, it should be compiled. The characteristics of editing are:

(1) In the past, Renzong basically had "parallel laws and regulations", and the compilation and revision were generally classified according to the style of laws and regulations, but they were independent of the criminal code of the Song Dynasty.

(2) The status of Zongshen dynasty has been improved. "Whoever doesn't back in the law firm will break it", which is enough to break the law and replace the law with law.

(3) Mainly about the provisions of crime and punishment. The so-called "severe punishment is embarrassing."

(2) the change of punishment

1, rod folding method. "History of Song Dynasty Criminal Law Annals" said: "The system of folding accounts was decided only when Taizu meditated." Stegosaurus promulgated the "Broken Staff Law" in four years, aiming at winning the hearts of the people and changing the disadvantages of severe punishment and severe laws since the Five Dynasties. The new "Folding Staff Law" stipulates that in addition to the death penalty, other punishments

The four punishments of staff, apprentice and running were all converted into hip staff and spine staff. The specific conversion method is: convert all the rod-smashing punishments into hip sticks and put the sticks. The sentence was converted into a spinal rod and released after the rod. Change the fashion into a spinal rod and serve it on the spot. The method of breaking the stick makes "the crime of migrating away from home, with the longest exemption year and fewer tricks". The method of folding branches has played a certain role in easing social contradictions. Does not apply to treason, robbery and other felony. There is also abuse in the specific implementation. History of Crime in Song Dynasty once said: "It is a lifelong shame for a good citizen to commit crimes occasionally, causing injuries to his limbs, while a foolish one is shameless, although he suffers for a while."

2. Matching services. Matching service punishment originated from mobile matching punishment in Sui and Tang Dynasties. After the implementation of the folding staff method, the original exile was actually called matching service. In order to make up for the huge difference between the death penalty and the punishment after breaking the staff, the court increased the types of servitude and some additional punishments, making servitude a very complicated crime.

In the Song Dynasty, most of the penal servitude was stabbing and tattooing, which was the resurrection of ancient torture. Matching refers to the exile service. Suture is a punishment for criminals who have committed serious crimes. The needling method originated from the pricking face method in the Tianfu period of the late Jin Dynasty. In the early Song Dynasty, stabbing was not a very effective method, and there was no such provision in the criminal system of the Song Dynasty. Mao used it occasionally to make up for the huge difference between the death penalty and the service penalty after the implementation of the rod-folding method. However, after Injong, there were many days of forgiveness for stabbing, and the punishment of stabbing was abused and gradually became common. Stabbing to death has had a very bad influence on the penalty system of later generations, which is a retrogression of the penalty system and has been criticized in the Song Dynasty and later generations.

Three years. As a kind of death penalty, Ling Chi began in the Western Liao Dynasty in the Five Dynasties. It is a kind of torture, which makes the prisoner extremely painful and slowly causes death. "Song Wenjian" planted: Prisoners often "have bones, but their mouths and eyes are particularly moving, their limbs are falling apart, and the sound of pain is endless." Lingchi punishment was used in Renzong, and became a routine punishment after Zongshen Xining. In the Southern Song Dynasty, it was officially listed as a statutory death penalty in the Law Outline of Qing Yuan Tiao.

(3) Contract and marriage laws and regulations

1, contract legislation.

First, the occurrence of debt. In the Song Dynasty, the debts arising from contracts accounted for the majority, but there were also other forms of creditor's rights. In terms of the legal provisions on the occurrence of debt buying and selling, the criminal code of the Song Dynasty and the legal category of Qingyuan Article emphasize the "agreement" between the two parties, and "reset the constitution" for those who sign the contract against the will of the parties. At the same time, parents' right to control property should be maintained, that is, "to sell property by the code or pledge it by name, the owner's elders must sign a contract with the money owner or his cronies face to face." Or women who are difficult to face, must ask and discuss through the curtain before they can make a deal. "

Second, the sales contract. There are three kinds of sales contracts in the Song Dynasty, namely, absolutely selling lakes, living selling lakes and selling lakes on credit. Never sell for general business. A living sale is a conditional sale, and the sale is finally established when the conditions are completed. Selling on credit is similar to commercial credit or advance payment, and then charging the sales price. These important trading activities are legal and effective only if a written contract is signed and approved by the government.

Third, the lease contract. The leasing of houses and houses in Song Dynasty was called "renting", "renting" or "borrowing". The leasing of horses and chariots for people and animals is called mediocrity and employment. Taking house leasing as an example, the legal provisions of the Song Dynasty are very detailed. The so-called "every household renting a house is exempted from the five-day limit for repair and demolition, and the rent is taken from the sixth day (the rent is paid by the recipient), and the house is divided, divided into lots, and the rent is taken on a monthly basis, with a limit."

Fourth, the lease contract. Tenancy activities were very common in the Song Dynasty. When signing a land lease contract, landlords and tenants must specify the terms of paying rent and paying taxes, or collect rent according to the proportion of harvest (sharing rent) or implement fixed rent. Landlords should also pay land taxes to the state. If the tenant fails to pay the rent within the time limit, the landlord can complain to the government from the first day of the first month to the 30 th day of June every year 10, and the government will recover it on his behalf.

Fifth, the sales contract. The classic sale in Song Dynasty is also called "live sale", that is, a trading method that collects part of the benefits by transferring the right to use the property and retains the gambling right. Because most people who sell farmland houses are poor, when they are unable to redeem them, the rich will get the ownership of farmland houses at a low price and they will suffer losses.

Sixth, the loan contract. The laws of the Song Dynasty followed the Tang system and distinguished between borrowing and lending. Borrowing refers to the purpose of lending, and lending refers to consumer lending. At that time, the use of interest-free loans was called liabilities, and interest-bearing consumer loans were called withdrawals. It also stipulates that "(bidders) shall not be based on the return of profits" and shall not engage in usury and exploitation in excess of the provisions.

Third, the laws of Ming and Qing Dynasties.

(1) statutes and Ming Dazhao.

(1) Daming Law. Daming Law was compiled by Zhu Yuanzhang, the founding emperor of the Ming Dynasty, in the early years of the founding of the People's Republic of China, and completed and promulgated in the thirty years of Hongwu, with 7 articles, 30 volumes and 460 articles. It changed the traditional criminal law style, and added seven chapters: example, official, household, ceremony, soldier, punishment and work to meet the needs of strengthening centralization. Daming Law occupies an important position in the history of legal system. Its legal text is simpler than the Tang law and its spirit is stricter than the Song law. It has become a feudal law that will not change throughout the Ming Dynasty. The formulation of Ming law has gone through four stages: ① Wu Tiannian's Daming Law. In view of the lesson of legal corruption at the end of Yuan Dynasty, Zhu Yuanzhang once said: "The court ruled the world because of the husband's statutes." So, in the first year of Wu (A.D. 1367), he ordered Zuo Shanchang and others to draft laws and regulations, and formulated 285 laws and regulations, making 145. By December of the first year of Wu, "the laws and regulations were complete and the decree was promulgated." This is the earliest law drafted and promulgated in the Ming Dynasty (Daming Law). Laws are compiled according to the laws of the Tang Dynasty, and arranged in the order of six parts according to the style of Yuan Dynasty. It laid the foundation for the later Daming Law. (2) The Daming Law of Hongwu for six years. In the sixth year of Hongwu (A.D. 1368), Daming Law was detailed in winter and written in February of the following year. Its "content is accurate in the Tang Dynasty ┅┅ it is divided into thirty volumes". Imitating the style of Tang Law 12, the method of famous examples is put at the end, and the content is more complicated than that of Tang Law. It was promulgated after Zhu Yuanzhang's "pro-discretion". (3) Ming Law in the 22nd year of Hongwu. Later, due to the "Regulations", in the twenty-second year of Hongwu (AD 1380), the province and prime minister of Zhongshu were abolished, so it was "more determined". The first article in the next article imitates Yuan's compiling style. According to the six parts, it will be changed into six laws: official, household, ritual, soldier, criminal and industrial, with a total of 30 volumes and 460 articles. From Sui and Tang Dynasties (except Yuan Dynasty), the code structure that has been followed for 800 years has changed. The basic provisions are still the same as the Tang law, but it is clear that the law "lightens its misdemeanor and weighs its felony". Compared with the Tang Dynasty, the legislative technology is more detailed, and the style is more complete and scientific. Later, I chose 147 from The Big Bow written by Hongwu in the 18th or 20th year and attached it to the law. (4) Thirty years of Hongwu Daming Law. After thirty years of Hongwu, he finally completed the patent of Daming Law, and announced it to the world for the world to know and abide by. It took more than 30 years for Ming law to be established, which shows the positive and cautious attitude of legislation.

(2) Ming Dazhao. When Zhu Yuanzhang revised the Daming Law, in order to prevent "extra-legal traitors", he also ordered four editions of the Law on Big Officials from the 18th year of Hongwu (A.D. 1385) to the 20th year of Hongwu (A.D. 1387), with a total of 236 articles, similar to the Daming Law. Mingda Gao embodies Zhu Yuanzhang's thought of "ruling the world with heavy code"

Imperial edict is a special criminal law in the early Ming Dynasty. Dayu's name comes from the Confucian classic "Shang Shu Da Yu", which was originally a warning to his subjects when the Duke of Zhou marched eastward to the Yin people. Ming Taizu compiled the cases he personally tried into a book, together with the "punishment" caused by the case, and promulgated it as a special law to punish his subjects. For the original crime in law, Dagong generally increased the punishment. Another characteristic of imperial edict is the abuse of extra-legal punishment. The punishments listed in the four imperial edicts, such as clan punishment, beheading, chopping hands and toes, are all torture that has not been included in the law for a long time since the Han Dynasty. "Severe punishment for officials" is another feature of Daguan, mostly for punishing corrupt officials to strengthen the ruling efficiency. Imperial edict is also an unprecedented law in the legal history of China. Every family should have an imperial edict, which is also included in the imperial examination. After Ming Taizu's death, this great coat was shelved and had no legal effect.

2. Compilation of laws and regulations of Qing Dynasty.

(1) The formulation and promulgation of laws in the Qing Dynasty. The laws of the Qing Dynasty were formulated in the first year of Qianlong. At the beginning of Qianlong's accession to the throne, he ordered the chief executive to textual research and re-edit the original laws one by one, which was completed in Qianlong five years and promulgated in the world.

The structure, form, style and content of the Great Qing Law are basically the same as that of the Great Ming Law. * * * is divided into seven chapters, namely, official law, family law, etiquette law, art of war and construction law, among which there are 436 laws. The legal texts in the Qianlong period were basically stereotyped and rarely revised, and the subsequent dynasties were just "by-laws" after constantly supplementing and revising the legal texts.

Laws of the Qing Dynasty is the last written feudal code in the history of China. The Laws of the Qing Dynasty, based on the Daming Law, is the epitome of China's traditional feudal code. The basic spirit and main system of feudal law established since the Han and Tang Dynasties were fully reflected in the laws of the Qing Dynasty. The formulation of laws in the Qing Dynasty fully considered the political practice and characteristics of the Qing Dynasty, and developed and improved the previous legal system in some specific systems.

(2) The case of Qing Dynasty. The most important legal form in Qing Dynasty is an example. Example is a general term, which can be divided into laws, regulations, cases, decrees and other names.

Generally speaking, regulations refer to specific criminal laws and regulations, which are mostly incorporated into the Qing statutes and attached to a unified article. It is stipulated that the Ministry of Punishment or other administrative departments should first put forward legislative suggestions on some similar cases, which will become an example after being approved by the emperor to guide the trial and judgment of similar cases. Then, after five years of minor repairs and ten years of major repairs, it was compiled into the Laws of the Qing Dynasty by the Law Museum, or a specific criminal law was compiled separately.

An example is a collection of separate laws and regulations about an administrative department or a special matter. It is the basic rule of the responsibilities and procedures of government departments. "Prescription", as one of the important legal forms in Qing Dynasty, plays an important role in national administration.

Examples refer to "imperial edicts" issued by the emperor about something or suggestions made by government departments approved by the emperor. Cases generally do not automatically produce permanent and universal effects, but they can be used as guiding principles to deal with this matter.

Regulations, also known as "regulations", refer to cases that have been compiled and edited, and are a separate law. Laws and regulations are a general term, including regulations and separate administrative regulations.