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Chinese Legal History Formative Assessment Book Assignment 11. 1. Yu Xing 2. Tang Xing 3. Nine Punishments 4. Kill 5. 醢6． Brothers eventually become brothers and 7. Matchmaker 8． The guiding ideology of theocratic law 9. There is no vendetta in the fields 10. Seven out

Two, ADADBDCBAD

Three, 1. ABC 2. ABCD 3. ABC 4. CBD 5. ABCD 6. ABCD 7. BC 8. BCD9. ABC 10. ABCD

4. Explanation of terms 1. Qualitative Agent: Each buyer and seller holds half. This kind of bamboo slips are divided into two types: long (vouchers), called "zhi", used to buy and sell slaves, cattle and horses, etc.; short (vouchers), called "jing", used to buy and sell weapons or rare items.

2. Six Rites: The procedure for getting married in the Western Zhou Dynasty; including accepting, asking for names, accepting money, accepting money, asking for a date, and welcoming in person. Later, feudal society basically followed the Six Rites system of the Western Zhou Dynasty. Nacai means that the groom's family invites a matchmaker to propose marriage to the bride's family. After the bride's family agrees to discuss marriage, the groom's family prepares gifts and goes to propose marriage. Asking for a name means that the groom's family asks the matchmaker to add the woman's name and date of birth. Najib said that after receiving auspicious signs from the divination, the groom's family prepared a gift and informed the bride's family that they had decided to get married. Nazheng means that the man's family sends betrothal gifts to the woman's family, which is also called Nazheng. Please refer to the groom's family choosing a wedding date, preparing gifts and telling the bride's family to ask for their approval. Personal wedding means that the groom personally goes to the bride’s house to marry her. The Six Rites began in the slave society and had a great influence on later generations. It is the embodiment of the combination of arranged marriage and commercial marriage, and is full of strong superstition. 3. Five Listening: Five methods for judges to observe the psychological activities of parties during trial activities, which began in the Western Zhou Dynasty and had a great influence on later generations. "Zhou Rites? Qiuguan." "Little Sikou" "Listen to the prison lawsuit with five voices to seek public sentiment. The first is to listen to words; the second is to listen to color; the third is to listen to Qi; the fourth is to listen to ears; and the fifth is to listen to eyes." Listening to words refers to listening to the statements of the parties. If the reason is wrong, the speech will be incoherent. ; Erotic hearing refers to observing the client's expression, if the explanation is wrong, the face will turn red; Qi listening means listening to the breathing of the client when making statements, if the explanation is wrong, the breath will be wheezing; Ear hearing means observing the client's auditory reaction, if the explanation is wrong, the hearing will be impaired; Eye-listening means observing the eyes of the client, if the explanation is wrong, there will be no hearing. Dare to face it. "Five Listening" shows strong formalistic characteristics, but it has certain reference significance in terms of its attention to observing the psychological activities of the parties.

4． "Fa Jing": the first complete and systematic feudal law in the history of our country. The Book of Dharma was formulated by Li Kui of Wei State during the Warring States Period. Li Kui formulated six chapters of the "Book of Laws" based on summarizing the legislative experience of various vassal states since the Spring and Autumn Period. It is the earliest detailed and systematic feudal code in my country's feudal society. The six chapters of the Dharma Sutra are: Robbery, Thief, Prisoner, Capture, Miscellaneous, and Utensils. Li Kui believed that "the government of a king should not rush thieves", so he placed thieves and thieves at the beginning, and the specific laws equivalent to the general principles of criminal law at the end of the chapter. From the content of the Book of Laws, we can see its class nature: first, its focus is mainly directed at farmers and other working people; second, it maintains the autocratic monarchy; third, it maintains the feudal hierarchy. In short, the Dharma Scripture is a concentrated expression of the will and interests of the emerging landlord class, and a violent tool used by the feudal landlord class to suppress peasant resistance. 5. The crime of using the past to reflect the present: The crime established by the Qin Dynasty is to use past examples to accuse various current policies and systems

V. Case analysis

1. The case of Shang Zhou’s struggle for the crown prince (1) What was the difference between wives and concubines in the Shang Dynasty? Answer: The status of wives and concubines is completely different, and they are in an extremely unequal position. Most of the concubines were forcibly taken by slave-owning nobles from female slaves, and some were obtained through "concubine marriage", that is, when slave-owning nobles married wives, they often took their wives' Sui-married girls as concubines. The system of polyandry and polygamy was due to the fact that private ownership in slave society determined the primogeniture system. If there were multiple wives, it would cause chaos for the throne and fight for property, which would affect the ruling order of the dictatorship of the slave class.

(2) The meaning and significance of eldest son inheritance. Answer: The system of primogeniture is a system in which the throne and title are inherited by the eldest son born from the first wife. This system began in the late Shang Dynasty and was formally established in the early Western Zhou Dynasty.

The system of primogeniture determines the system of polyandry and multiple concubines under the private ownership of slave society. If there are multiple wives, there will be chaos and even war due to competition for property and the throne. Therefore, the distinction between wives and concubines, and also the distinction between legitimate sons and concubines, was to avoid disputes over inheritance issues, which would then affect the ruling order of the dictatorship of the slave class. The system of primogeniture is conducive to the ruling order of the slave-owning class.

2. The case of Shang Yang's split by a car (1) Combined with the teaching materials, briefly describe the main contents of Shang Yang's reform. Answer: Shang Yang carried out two reforms in the Qin State, the first one (359 BC). The focus was on combating the political power of the slave-owning aristocracy. The specific contents are: first, to rectify household registration and establish joint sitting laws to prevent hiding bad people; second, to reward those who report adultery; third, to reward agricultural production; fourth, to reward military merit. The Second Reform (350 BC). The focus was on the abolition of the agrarian institution of slavery. The specific contents are: first, further emphasizing household living; second, abolishing the feudal system and universally establishing a system of counties and counties; third, abolishing the well-field system and establishing private ownership of feudal land; fourth, unifying the weights and measures system. The significance of Shang Yang's Reform was that it promoted the development of feudal production relations through reforms, making the Qin State increasingly powerful, ranking first among the "Seven Heroes" of the Warring States Period, and laying the foundation for the subsequent unification of Qin Shihuang.

(2) Please describe the concepts of punishment, law and law.

Answer: From the etymology point of view, the Chinese character "法" does have the meaning of "flatness", "righteousness", "straightness" and "fair judgment". Another word closely related to the word "law" is "law". According to the explanation of (Shuowen Jiezi), "Law means uniform distribution". It can be seen that "law" always refers to a standard for judging fairness, justice, and uprightness, while "law" mainly emphasizes what everyone must abide by. Using "law" and "law" together means that "law" is a kind of "law" that contains the standards for judging fairness, justice and uprightness recognized by the state. The word "law" was not widely used until the late Qing Dynasty and the early Republic of China, and it is said to be influenced by Japan.

Answers to Assignment 2 of the Chinese Legal History Formative Assessment Book

1. Single-choice questions BCDACDDBD

2. Multiple-choice questions 1. ABCD 2. ABCD 3. ACD 4. ABCD 5. ABCD 6. BCD

7． BD 8. ABC 9. ABCD 10. BC

3. Explanation of terms 1. Relatives within a certain range can be concealed for certain crimes. Han law stipulates that a humble child who hides himself from his parents and elders will not bear criminal responsibility; a humble child who respects his parents and hides himself from his elders and commits a capital crime should be punished, but he can apply for a reduction of punishment; and a child who commits ordinary crimes in hiding does not bear criminal responsibility. 2． Official position: In China's feudal society, officials who committed crimes could use their official rank or title to offset the punishment of imprisonment or exile. The Code of the Northern Wei Dynasty was the first to make this provision, and the Code of the Sui Dynasty and the Code of the Tang Dynasty followed suit. Tang law stipulates that officials above the fifth rank can be punished with a sentence of two years for "private crimes" (crimes committed for private matters or pretending to be public for personal gain), and three years for "public crimes" (crimes committed for official purposes); officials above the ninth rank can be punished with " The penalty for "private crimes" is one year, and the penalty for "public crimes" is two years. There is no such provision in the Ming and Qing dynasties. 3. Tang Code Commentary: "Tang Code Code Review" is "Yonghui Code Book", which is the basis for our study of the Tang Code It is the model of my country's feudal code and became the representative of the Chinese legal system. In the early Tang Dynasty, "Yonghui Laws" was compiled based on the "Kaihuang Code" of the Sui Dynasty. The code compiled by Sun Wuji and others based on the "Wude Code" and "Zhenguan Code" has 20 chapters and 502 articles. The titles of the chapters are: Name Regulations, Guard Bans, Job System, Household Marriage, and Stable Storehouses. , good at thieves, lawsuits, fraud, miscellany, arrests, imprisonment, etc., the "Yonghui Law" was promulgated in the second year of Yonghui (AD 651) to protect feudal land ownership and maintain the feudal patriarchal system. The main content is to strengthen the emperor's power and rule and suppress the peasants. It is the most complete existing feudal code in my country. The full text is preserved in "Tang Lv Shu Yi" 4. Song Xingtong: compiled into "Song Dynasty" in the fourth year of Emperor Jianlong of the Song Dynasty. "Jianlong Detailed Penal Code", referred to as "Song Xing Tong", is the first published feudal code in the history of our country. Its provisions are just a copy of "Tang Lu Shu Yi", with the following changes: "Zhezhang". "Law"; 209 criminal norms collected from the imperial edicts, orders, patterns, and styles from the late Tang Dynasty to the early Song Dynasty are attached to the text; the number of chapters is still 12 chapters and 502 clauses, but there is a door under each chapter. A total of 213. 5. Autumn trial: Autumn trial is a trial system in the Qing Dynasty, which developed from the Ming Dynasty. The Qing Dynasty developed the court trial and the autumn trial. The object of the autumn trial was to review reports from various provinces. The Autumn Trial began in the 15th year of Shunzhi. The governors of each province were first required to report all cases of execution and execution (equivalent to the modern reprieve of death) in their provinces to the chief envoys and prosecutors. During the reexamination, four handling opinions were proposed: (1) If the crime is true and the crime is appropriate, the death sentence may be suspended. Here, he may be sent to the border with the army, or he may be imprisoned again. (3) If the case is true, but there are some serious or suspicious circumstances, he may be exempted from the death penalty and generally be reduced to a prisoner or exile. (4) If the case is true and the crime is appropriate, but the case is related to an elderly person and it is appropriate to apply for custody, the case should be submitted to the emperor for ruling.

4. Case analysis 1. Save the father. (1) The Five Punishments of Slavery: The five punishments of slavery are tattooing, ink cutting, mutilation, palace cutting, and ink punishment. ; Cutting off means cutting off the feet; palace punishment means cutting off the genitals of men and confining women; (2) Analyze the reasons why Emperor Wen of Han Dynasty abolished corporal punishment. Answer: This reform of the penal system took a long time after the two emperors Wen and Jing. It lasted for more than 20 years, reflecting the reform of a system from imperfection to perfection; later generations mostly believed that it was out of "pity" and reflected Emperor Wen's virtues, but the essence lies in the development of society and the economy of the rulers. The criminals should be punished and their ability to work should be preserved to facilitate their rule. However, it is of great significance in the history of Chinese legal system. It is the symbol and turning point of the ancient Chinese penal system from the barbaric stage to the more civilized stage. It laid the foundation for the establishment of the five feudal punishments and was also conducive to the development of the feudal economy. (3) The legislative guiding ideology of the early Han Dynasty. Answer: From the early Han Dynasty to the Wenjing period, Huang-Lao thought was the mainstay, supplemented by Legalist thought as the guiding ideology of the rule of law. In the early Han Dynasty, due to the Qin Dynasty's harsh governance and successive wars, social production was severely damaged. The rulers needed a relatively stable situation so that the people could rest and give birth, restore and develop production, and consolidate the newly established feudal regime. At this time, Liu Bang summarized the lessons of Qin's death as a reference. Liu Bang's subordinate Lu Jia proposed that "the Tao is greater than inaction" based on Huang-Lao's thoughts and the social situation at that time. At that time, the ruling class from the emperor to the prime minister all respected Huang-Lao's ideas. It is especially significant in the Wenjing period.

The idea of ??governing by doing nothing is reflected in the guiding ideology of legislation, which is "light corvee and small tax" and "save punishment according to law". As a result, there has been a prosperous scene of production development and improvement of people's lives. (4) Types of prison sentences in Qin and Han Dynasties. Answer: The prison sentences in the Qin Dynasty were: A. Chengdan and pounding. Chengdan, applicable to male prisoners, is a form of imprisonment that forces male prisoners to build the Great Wall during the day. Chung, suitable for female prisoners. In the Qin Dynasty, female prisoners who had committed crimes in Chengdu were forced to pound rice to provide rations for the prisoners based on their physiological conditions. The sentence of beating was the same as that of Chengdan. B. Gui Xin, Bai Can. Gui Xin is applicable to male prisoners; Bai Can is applicable to female prisoners. Ghost fuel refers to forcing male prisoners to go to the mountains and forests to chop firewood for worship in the ancestral temple. Bai can refers to forcing female prisoners to select rice to make it white for sacrifices in the ancestral temple. Both sentences are three years. C. Sikou, Zuoru Sikou. Sikou refers to forcing male prisoners to serve in remote areas, mainly engaged in defending against invasion by foreign invaders. The sentence is two years. Zuru Sikou applies to female prisoners and is equivalent to Sikou. It refers to forcing female prisoners to serve a sentence equivalent to defending against invasion by foreign invaders. The sentence is also two years. D. Penalty and repeated work. "Penalty, which is applicable to male prisoners, refers to forcing male prisoners to guard in remote areas, with a prison term of three months to one year. Rehabilitation, which is applicable to female prisoners. It means forcing female prisoners to serve in the government. Penalty and rehabilitation are part of the sentence. The lightest sentence is three months to one year. The prison sentence in the Han Dynasty is basically the same as that in the Qin Dynasty: A. Chengdan torture (5 years old) B. Chengdan torture (4 years old). . Guixin Baican (3-year-old punishment). D. Sikou and Zuoru (2-year-old punishment). E. Female punishment: 1-year-old Gu Shan. ". (Refers to the case of a woman who committed a crime and was sentenced to go to the mountain to chop firewood. She does not have to serve in person and spend 300 yuan a month to hire someone to replace her.

2. The case of Changsun Wuji bringing a knife into the palace (1 ) Contents of the "Eight Discussions" Answer: The Chinese feudal dynasty stipulated that eight types of crimes should be reported to the emperor for special review so that their sentences could be commuted or exempted. It evolved from the "Eight Pis" in "Tong Kou". When Cao Wei formulated the Wei Code, he changed "Eight Pis" to "Eight Proposals", instructing: "The son of a hero, the law should be based on people's opinions." The "Eight Proposals" were officially included in the Wei Code. The code of law has become a basic principle of criminal law, and it was followed by the Ming and Qing Dynasties. virtuous ministers), Yi Neng (so-called ministers with great talents), Yi Gong (those who have made great contributions to the feudal dynasty), Yi Gui (high officials showing their nobility), Yi Qin (those who have special diligence in feudal rule), Yi Bin (those who have made great contributions to feudal rule), Yi Bin (those who have made great contributions to feudal rule) The descendants of the monarchs of the dynasty). These eight categories of people enjoy the privilege of exemption from punishment or reduced punishment according to law. This is the legal expression of the feudal hierarchy and its codification. (2) The content of the "Ten Evils": The Northern Qi Dynasty. The "Ten Major Crimes" in the law were developed into the "Ten Evil" crimes, which concentrated the ten most serious crimes that endanger the fundamental interests of the feudal country at the head of the law to emphasize that these ten crimes are the main targets of the attack. Suppression of orderly behavior under feudal rule; the so-called "ten evils" refer to rebellion, treason, rebellion, unrighteousness, disrespect, unfilial piety, disharmony, unrighteousness, and civil strife) (3) "Eight Discussions" and. The relationship between the "Ten Evils". Answer: The "Eight Discussions" refer to the eight categories of people who commit crimes and enjoy the privilege of exemption from punishment or reduced punishment according to law. This is the privilege of the feudal nobles. This is the legal expression of the feudal hierarchy and its codification. Special provisions on the "Ten Evils" are included in the regulations to emphasize the serious nature of these crimes. ②Those who commit the "Ten Evils" crimes are not allowed to enjoy the benefits of negotiation, petition, and reduction). "Discussion" and "Ten Evils" complement each other, and *** both serve feudal rule.

3. Hu Lan's Prison (1) How to strengthen centralization of power in the early Ming Dynasty: First, establish heavy codes to govern troubled times The guiding ideology of legislation. First of all, the emphasis on regulating officials and the emphasis on governing the people was reflected in Zhu Yuanzhang's belief that the stability of the country first depended on the effective management of officials at all levels. Emphasis on regulating officials to achieve better governance of the people and the country, and to strengthen centralization of power. Secondly, Zhu Yuanzhang also realized from history that blindly emphasizing suppression and relying solely on harsh punishments can achieve temporary results. It cannot fundamentally solve the problem. He advocated the simultaneous use of etiquette and law, organically combining the crime-preventing function of etiquette with the repressive function of law. It not only adheres to the harsh law of punishment, but also emphasizes the education of morality and etiquette, combines Confucianism and law, and uses both etiquette and punishment. Third, strengthen legal propaganda. Zhu Yuanzhang combined legislation with legal propaganda, requiring the people to know how the law stipulates, and using actual cases to educate the people. Second, it is strictly forbidden for subordinates to form cliques and to associate with internal and external officials. In view of the lessons learned from the Tang and Song Dynasties, the rulers of the Tang and Song dynasties formed factions, weakened the imperial power, and dispersed the ruling power. In addition to taking a series of measures such as abolishing the prime minister system and prohibiting the harem and eunuchs from intervening in the government affairs, the Ming Dynasty Rules also specifically included The "Traitor Party" article stipulates: "If an official in the government makes friends with cronies and disrupts the government, he will be executed, his wife will be made a slave, and his property will be transferred to the official." "If a crime is committed, the law should be punished by death, but the ministers and junior officials can exonerate it with clever words and secretly appeal to people's hearts."; "If the officials of the Ministry of Punishment and various yamen do not enforce the law, obey the orders of their superiors, and commit crimes against others," etc., it all constitutes adultery. Party crimes were severely punished: he himself was put to death, his son was made a slave, and his property was transferred to the official. The third is to severely suppress resistance that endangers the monarchy’s autocratic rule. The Ming Code always adopts the principle of aggravated punishment for serious crimes for "treason and treason".

Anyone who conspires or commits treason will not only be executed without delay, but also his or her implicated relatives, including grandfather, father, son, grandson, brothers and people living together, regardless of surname, as well as uncles, sons of brothers, regardless of nationality. Similarities and differences, no matter whether they are seriously ill or disabled, everyone over the age of sixteen will be sentenced to death. The scope of implication of Ming law is much wider than that of Tang law. The third is to severely punish corrupt officials. It is stipulated in the "Da Ming Code": For those who have received money and violated the law so-called "violating the law and taking stolen goods", they will be severely punished, always with a stick of seventy and eighty sticks. The punishment for death is to be beheaded; for the so-called "Feng Xian Guan" censors who perform supervisory duties, if they are guilty of corruption, they will be punished by two levels of punishment than other officials. (2) Zhu Yuanzhang’s legislative guiding ideology in the early Ming Dynasty Answer: The Ming Dynasty was in the late stage of my country’s feudal society. In order to maintain the political and economic conditions from serious damage, the monarchy’s autocratic rule was further strengthened and developed to extreme procedures. The legislative guiding ideology of this period was established by the founding emperor Zhu Yuanzhang, which had a profound impact on the legislative activities of the entire Ming Dynasty. The first is to govern troubled times with heavy laws. This is specifically reflected in two aspects: administering officials with strict regulations and governing the people with strict regulations. Zhu Yuanzhang believed that the stability of the country first depended on whether the feudal state could implement effective management of officials at all levels. He tried to govern the people and the country better and strengthen the centralization of power by imposing heavy regulations on officials. The second is to use both rituals and punishments. Zhu Yuanzhang also realized from history that blindly emphasizing suppression and relying solely on harsh punishments can achieve temporary results, but it cannot fundamentally solve the problem. He advocated the simultaneous use of etiquette and law, organically combining the crime-preventing function of etiquette with the repressive function of law. It not only adheres to the harsh law of punishment, but also emphasizes the education of morality and etiquette, combines Confucianism and law, and uses both etiquette and punishment. The third is to strengthen legal publicity. Zhu Yuanzhang combined legislation with legal propaganda, requiring the people to know how the law stipulates, and using actual cases to educate the people. (3) Zhu Yuanzhang’s measures to enforce strict laws and discipline officials Answer: The Ming Dynasty severely punished corrupt officials based on safeguarding the fundamental interests of the feudal country. The first is to formulate the Ming Dynasty's "Da Gao". It is a special criminal law that Zhu Yuanzhang personally formulated between the 18th and 20th years of Hongwu's reign. It also contains Zhu Yuanzhang's admonitions to his subjects. It is Zhu Yuanzhang's idea, practice and measure of attaching great importance to the rule of law in troubled times, especially the emphasis on the rule of officials. "Da Gao" includes 4 chapters: "Imperial Imperial Edict", "Imperial Imperial Edict Continuation", "Imperial Imperial Edict Third Edition", and "Imperial Imperial Edict for Military Ministers", with a total of 236 articles. The content is a compilation of typical cases of punishing corrupt officials. The second is to take strict measures to severely punish corrupt officials. "Da Ming Code" stipulates: The so-called "violating the law and taking stolen goods" by receiving money in violation of the law shall be severely punished, always with a stick of seventy sticks and eighty sticks of hanging; for those who commit theft while in prison, no distinction will be made between the leader and the subordinate, and the crime will be treated as a crime, and the penalty will be as long as forty sticks. The punishment is to be beheaded; for censors who perform supervisory duties, if they are guilty of corruption, they will be punished by two levels of punishment than other officials. The "Da Gao" of the Ming Dynasty also focused on cracking down on corrupt officials, and the punishments were cruel, such as "peeling off the skin and making grass". (4) The "Da Ming Code" strictly prohibits subordinates from forming parties. Answer: In view of the lessons of the Tang and Song dynasties, the rulers of the Tang and Song dynasties formed factions, weakened the imperial power, and dispersed the ruling power. In addition to taking a series of measures such as abolishing the prime minister system and prohibiting the harem and eunuchs from intervening in the government, the "Da Ming Code" also stated that There is a special article on "treacherous party", which stipulates: "If an official in the government makes friends with cronies and disrupts the government, he will be killed, his wife will be made a slave, and his property will be transferred to the official." "If a crime is committed, the law should be punished by death, but the ministers and junior officials can exonerate it with clever words and secretly appeal to people's hearts."; "If the officials of the Ministry of Punishment and various yamen do not enforce the law, obey the orders of their superiors, and commit crimes against others," etc., it all constitutes adultery. Party crimes were severely punished: he himself was put to death, his wife was made a slave, and his property was transferred to the officialdom.

Answers to Assignment 3 of the Chinese Legal History Formative Assessment Book

1. The Qing government’s constitutional measures and their significance to the modernization of Chinese law? Answer: The Qing government’s constitutional measures: From the Opium War in 1840 to 1901, the Qing government faced the situation of foreign powers encroaching on China. In 1905, the Qing government sent ministers to inspect the constitutional governments of various countries in order to The purpose of imitating the prosperity of the country is threefold: first, to perpetuate the throne; second, to resist foreign aggression; third, to simultaneously reduce the power of the vassal. The implementation of preparatory constitution was the result of the Qing government's unwillingness to do so. In 1906, the Qing government established the Political Inspection Hall, which was converted into the Constitutional Compilation and Inspection Hall the following year as a preparatory office for the establishment of the constitution. Since then, some preparatory activities for the establishment of the constitution have been carried out. The first is to establish a consultative bureau and prepare for the establishment of the Zizheng Yuan. The second is to formulate and promulgate the "Outline of the Imperial Constitution" and declare the constitution in 1908 for a period of nine years. The essence of the outline is: the monarch is sacred and inviolable; the monarch has sole power to rule; and subjects have their due rights and obligations in accordance with the law. The most prominent feature of the outline of the imperial constitution in the late Qing Dynasty was that the emperor had exclusive power and the people had no power, and its fundamental purpose was to maintain feudal autocracy. On the one hand, it aroused the people's anger, and at the same time, it also disappointed the constitutionalists. Third, the "Nineteen Major Articles of Creed of the Constitution" was a temporary "Constitution" concocted by the Qing government in order to tide over the crisis under the heavy blow of the Wuchang Uprising. It adopts a responsible cabinet system, which formally limits the monarch's power and expands the power of the National Assembly and the Prime Minister. However, it maintains the emperor's ruling status in the form of a constitutional monarchy and makes no mention of the people's democratic rights, which exposes its deceptive and reactionary nature. . Significance: While understanding the conservativeness and deception of the late Qing Dynasty's preparatory constitution, we must also correctly view its positive significance: First, it accelerated the demise of the Qing Dynasty. The measures to prepare for the establishment of a constitution intensified the contradictions between the central and local governments, between Manchus and Chinese, and between classes, causing great social chaos and accelerating its collapse.

Second, in the process of implementing "preparatory constitution", the Qing government accordingly reformed the old political system. It reduced the power ratio between the emperor and the parliament, adjusted and transformed the autocratic monarchy system, and directly impacted the political system for more than two thousand years. The autocratic regime of China kicked off the political modernization process of feudal China. Third, preparatory constitution-making spreads constitutional knowledge, enlightens democratic political thoughts, cultivates a large number of intellectuals with preliminary democratic self-governance capabilities, and lays a mass foundation for the development of the modern constitutional movement in our country. Fourth, the constitutional monarchy system established in the "Outline of the Imperial Constitution" did not lose the elements of democratic politics under the historical conditions at that time, and objectively had a considerable impact on people's thinking at that time. The first constitution of modern significance in Chinese history has its value worthy of recognition. Fifth, although the "Outline of the Imperial Constitution" has a strong feudal character, it is different from the old traditional feudal codes. It breaks the traditional structure of the traditional Chinese legal system and makes the Constitution as the fundamental law independent of ordinary laws such as criminal law and civil law. In addition to the law, it comprehensively and intensively stipulates the basic principles of the state and social system. Sixth, the structure of the "Outline of the Imperial Constitution" is relatively complete. It has a name, main text, appendices, and implementation date.

2. How did the "integration of all laws" in the Chinese legal system move towards the "separation of all laws"? Answer: China's legal system has a long history, from the "Fa Jing", the earliest crude and systematic feudal code in my country's feudal society, to the Qin Dynasty's "Qin Code" and the Han Dynasty's "Nine Chapter Code" based on the "Fa Jing". ", "Kaihuang Code" and "Daye Code" in the Sui Dynasty, "Yonghui Code" in the Tang Dynasty, "Song Xingtong" in the Song Dynasty, "Da Ming Code" in the Ming Dynasty, and up to the "Da Qing Code" in the Qing Dynasty. In the Chinese legal system, one of the basic structural features of the Chinese legal system is that "all laws are integrated and civil and criminal laws are not separated"; it integrates criminal, civil, administrative, litigation and other contents into one, and uses punishment methods to adjust various social relations. In such a legal structure, substantive law and procedural law are fully integrated, criminal legal norms are extremely developed, and civil legal norms are in a subordinate position, forming a normative pattern of "heavy punishment and light people". The legal reforms in the late Qing Dynasty led to the disintegration of the Chinese legal system. With the emergence of a series of new codes and regulations in the process of revising the law, the traditional pattern of China's feudal legal system began to be broken, and the Chinese legal system that had lasted for thousands of years began to disintegrate. The traditional Chinese legal system has undergone major changes. The code's "all laws are integrated, with punishment as the mainstay" system has been replaced by a Western-style system composed of multiple departments of law; Confucian ethics are the guiding ideology. and basic principles. The legal culture with the basic characteristics of "one principle is based on rites" and "family orientation" has been greatly impacted by Western legal thought and legal principles, forming a new feature of the convergence of Chinese and Western legal cultures. The new laws enacted by the late Qing government referred to the legal structure models of Western countries, especially civil law countries, thus completely transforming the legal structure of the traditional Chinese legal system. For example, the revision of the law produced China's first constitutional document, which stipulated concepts and contents such as the powers, rights and obligations of Congress that had never been seen in the history of Chinese law. From 1902 to 1911, through large-scale legislative activities, a new legal structure with public law and private law as the main body was initially formed, taking the first step to integrate with world law, and laying the foundation for my country's final integration into the traditional civil law system. form and ideological basis.

The Revolution of 1911 overthrew the Manchu dynasty, and the Qing court's legal reforms came to nothing. However, the process of "separation of laws" in China's legal system has not stopped. During the Republic of China, the “continental legal system” of China’s legal system further developed, and the “Six Legal Encyclopedia” of the “continental legal system” was basically formed. The legal system of New China has two major sources: one is the law of the revolutionary base area, and the other is the law of the Soviet Union. The laws of the revolutionary base areas were influenced by the laws of the Soviet Union on the one hand, and the laws of the Kuomintang-controlled areas at that time on the other hand. However, the former is public and the latter is potential. The predecessor of Soviet law is Russian law, which was a member of the civil law system; the laws of the Kuomintang government have been based on the civil law system since the late Qing Dynasty. Although the content is constantly changing, it is difficult to escape its form, style, organization, and procedures. habits or birthmarks. Therefore, the two sources of New Chinese law are from the civil law system, and one of the characteristics of the civil law system is the "separation of laws."

3. The achievements of Sun Yat-sen's Nanjing Provisional Government in the construction of the legal system. Answer: The Nanjing Provisional Government has made many achievements in legal system construction:

First, the Nanjing Provisional Government formulated a government organization law with a constitutional nature. "Outline of Organization", Chapter 4, Article 21. Its main characteristics are: (1) Influenced by the U.S. Constitution, it basically adopts the presidential system of government and government; (2) The power distribution of central state organs follows the bourgeois principle of separation of powers; (3) It adopts a unicameral parliamentary political system , the Senate is the national legislative body. Its historical significance lies in that, as a government organizational law, the "Organizational Outline of the Provisional Government of the Republic of China" plays the role of a provisional constitution. It enabled the first government of the Republic of China headed by Sun Yat-sen to be established in accordance with the law and established a good start for the rule of law.

The second is the "Provisional Constitution", a document with the nature of bourgeois democratic democracy and the country's constitution. The "Provisional Agreement" was a positive result of the Revolution of 1911. It was also the product of the struggle and compromise between various political forces such as the big landowners and comprador class headed by the domestic bourgeois revolutionary party and constitutionalist Yuan Shikai at that time, with the covert intervention of the great powers. The purpose of formulating the "Provisional Constitution" was to use the law to restrict the Yuan family, prevent his autocratic power, and protect the respected political system of the Republic of China. "Provisional Contract" *** Chapter 7, Article 56.

Based on the theoretical basis of Sun Yat-sen's civil rights doctrine, it was formulated by absorbing the Western bourgeois constitutional principles of "separation of three powers," "the sanctity of private property," and "equality of freedom" and embodies the spirit of China's bourgeois democratic revolution. Its main contents: (1) The "Provisional Constitution" confirms that the Republic of China is a democratic republic. In the form of a fundamental law, it declares the demise of the monarchy and the country's autocratic system and the birth of the bourgeois democratic republic; (2) imitating Europe and the United States to establish a political system of separation of powers. It prevents personal dictatorship and completely negates the centralized monarchy and autocratic government; (3) specifically stipulates the people's rights and obligations and the freedom to maintain property and business. The characteristics of the "Provisional Constitution": (1) The form of political power and rights relationships specified are to prevent Yuan Shikai's autocratic dictatorship; (2) It stipulates strict procedures for amending the "Provisional Constitution". It stipulates strict procedures for amending the constitution, which can only be proposed by more than 2/3 of the Senate members or the interim president, and can only be carried out after more than 4/5 of the senators are present and 3/4 of the present members agree. The historical significance of the "Provisional Law": (1) It abolished the feudal monarchy and the hierarchical privilege system in the form of a fundamental law for the first time, and established the national system of the bourgeois democratic republic. For the first time, the democracy, equality, and freedom that the people long for are given legal benefits, which is a great initiative in Chinese history. It confirmed the positive results of the Revolution of 1911, made bourgeois democratic ideals and ideas deeply rooted in the hearts of the people, aroused democratic consciousness, and laid the ideological foundation for future opposition to imperial restoration. (2) The principle of democratic legal system it established is also a pioneering work in the history of Chinese legal system. In safeguarding democratic rights and doing everything in accordance with the law, it completely negates the feudal legal system.

The third is to promulgate other revolutionary decrees. (1) Protect human rights and abolish the feudal hierarchical privilege system. Such as lifting the "untouchable" status, prohibiting the sale of people; improving women's rights; abolishing bureaucratic privileges and getting rid of bad official habits. (2) Carry forward the "national soul" and eradicate bad feudal habits. Smoking and gambling were banned; foot-binding was advised against; and the "Notice to All People to Cut Their Braids" was issued. (3) Organize the administration of officials and appoint people on their merits.

Fourth is the establishment of a new judicial system. (1) Establish new types of judicial organs. In order to implement the bourgeois legal principle of separation of powers and realizing judicial independence, the central government established the "Temporary Central Tribunal", which was later renamed the "Court"; the local judicial institutions were called "Trial Halls" and implemented a four-level and three-instance system. Judges conduct trials independently without interference from superior authorities. (2) Reform the trial system. Following the trial methods of Western civilization, the "Articles Prohibiting Torture" and "Articles Prohibiting Corporal Punishment" were promulgated to abolish the feudal system of torture and corporal punishment. (3) Adopt a lawyer system. In order to ensure the legitimate rights and interests of the parties concerned, the "Draft Lawyers Law" was drafted and the lawyer defense system, public trial system, and jury system were implemented.

The construction of the Nanjing Provisional Government's legal system. The Provisional Government's legal system has a distinct anti-feudal and progressive nature, which has brought a new glimmer of hope to China, which has been shrouded in feudal legal systems for thousands of years. Democracy, harmony, sovereignty Among the people, equality and freedom, protection of human rights, judicial independence, legal principles, etc. began to be deeply rooted in the hearts of the people, embodying democratic ideas and legal concepts, and had a great enlightenment effect and far-reaching significance in improving the people's democratic awareness, striving for human rights, and safeguarding national dignity.