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“Strange laws” and “family violations”: The value change of criminal laws in ancient and modern times
Author: Xie Jing (Deputy of the Chinese Academy of Political Science and Law)
Source: Author Author Authorized by Confucian Network, Originally published by “Academic World” No. 5, 2021
Abstract: “Do not rush to make a profit in the king’s politics.” Rules related to governance are the main contents of criminal laws in ancient and modern times. The traits in the traditional law code represented by the “Da Qing Laws” are behind the seemingly complicated and complicated internal emotions. They try to achieve enough food, benevolence, benevolence, and benevolence through methods such as nourishing, enriching, teaching, and being kind, and then stopping traits and past punishments, and truly realizing the internal value requirements of “governance”. The standards for the classification and enactment of crimes in modern criminal law are replaced by legal interests in the nature of behavior. Behind the changes in the situation are the changes in legislative goals, legislative tasks and even legislative values, and the stopping behavior of certain characteristics is to protect legal interests. The concept of legal interests has many advantages, but it cannot conceal its value orientation based on goodness as a true nature. There is an internal conflict between the value requirements of sufficient food, virtue, and desire for the treatment plan.
Keywords: Qing Dynasty laws; statutes; legal interests; property violations; legislative value
As the Qing Dynasty, Western law has been growing, and the traditional law that has lasted for thousands of years has been replaced by modern laws from Europe. The achievements of criminal law have been gathered over the past and present, and everyone has different opinions over the past century. However, for the exploration of specific problems, the debaters have continued to focus on the “competence of the law of gifts” and focused on the “ethical terms” in it, such as having no husband or evil, having a name or having a name or having a son or a son or a disciple who violates the sect. [1] The problem of the traditional Chinese law is of course a year-on-year characteristic of modern criminal law, but not all colors. Here, this article has a different area and chooses verse as the object of discussion.
The law of sacred is one of the important departments of the traditional era law code. From the “King of the Law”, the law of “no rush to sacred”, the law of sacred begins with sacred”, and in the “Law of Qing sacred”, the law of sacred is ranked first volume of the “Criminal Law”, which includes 25 sacred laws, and [3] Its main position has been for more than two thousand years. After the modernization of the legal system and the present, despite the alternation of government power and legal system transformation, articles related to “split” have always been the focus of criminal legislation, judicial and academic research. However, there seems to be little in-depth research in the academic community today. Related works may be concentrated in the traditional era, [4] or only the individual articles in this article without considering all the rules. [5] This article uses the ancient and modern transformation of the rules as a secret phrase, trying to remind relevant rulesThe internal legislative value changes behind the changes in the article.
1. The internal expression of traditional laws and complexity
According to common words, the laws of governance in the traditional era (law) were first traced back to the laws in the “Faju” of Li Ju of the Warring States. Although the authenticity of the “Faju” is still questionable today, the inheritance of the Qin, Han, Wei, Tang, Song, Ming and Qing dynasties has been followed by the “Big Qing Laws” 官网彩网彩网站彩网站站站站站站站站站站站站站站站站站站站站站站站站站站站站站站站站站站站站彩站站站站站站站站站站站站站站站站站站站站站站站站站站站� [6] In the 28th year of Guangcheng (1902), the Qing court issued the “Regulations on Deciding to Amend the Law” and opened a museum to repair the law. However, the new criminal law was difficult to produce. In the 31st year (1905), the ministers of the amendment of the law, Shen Jiaben and Wu Tingfang submitted a “Commitment on the Deletion of Laws and Regulations”: “Please delete the general title of the tattoo. All the secrets are ordered to be collected.” [7] The ministers of the amendment of the law, please first introduce the bill to the order (and list)” to delete the various articles in the law. In this way, the rules in the “Centralized Criminal Law” which was revised in 1910 on the basis of the original “Qing Dynasty Laws” have generally reduced the punishment by a large margin, but the examples, contents, etc. are still traditional situations. [8]
In 1907, before this transitional criminal law was launched, the Western-style “Draft Criminal Laws of the Qing Dynasty” had actually been born. [9] Since then, the Qing court, the people and the people have now developed more and more frequently on this basis. [10] After the founding of New China, although the criminal law was eliminated, reconstructed and revised, regardless of the specific control or the theoretical basis behind it, it still does not come out of this transplanted structure, and has a basic and homogeneous value orientation. Therefore, the story of the ancient and modern transformation of the rules and the value changes described in this article will simplify a certain level of comparison between the “Big Qing Laws” and the “Big Qing Criminal Laws Draft” in 1907.
If you compare the articles related to ancient and modern times, the first impression I give people is that the former is very complicated. In the “Big Qing Laws and Regulations: Criminal Laws” chapter, “The three rules from the surrender to the evil words are all scattered”, [11] There are 25 rules in total, and each rule is attached to the examples ranging from 10 rules. Among them, the four laws of “split” that are “split” and “split” are “split” and “split” are “split” in the first twenty-one laws and regulations. In addition to the “General”, the rules and regulations for the objects of official objects include the most common official objects, the secret book, the secret letter, the secret property, the secret city gate, the secret weapon, the secret weapon, the secret to the garden tombs, the secret to the bank of the mortals, and the taxi of the mortals. The last two are ordinary official objects, and according to the differences between the main body, the secret to the mortals and the taxi of the mortals, and the other are special official objects. The targets of the scoundrel are private property, such as strong scoundrels, white scoundrels, scoundrels, family members, fear of money, and tombs, and tombs of the scoundrels and tombs of the scoundrels.For special private property, the rest are ordinary private property, and each has its own laws based on the differences between the main body and specific behaviors of the sect. The two laws of bullying officials to privately acquire money and cattle and animal husbandry are both officials and private property, and there are also scammers who are robbed and sold by others, as well as unknown nights to enter others without any reason. The rules other than “general” can be described in table form as follows:
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< Finance, city gates, military equipment, garden trees, cattle and animal husbandry
Supervised the money of the warehouse, mortals and scattered money of the warehouse, scattered officials to privately obtain money
Supervised cattle and animal husbandry, scattered grains, and scattered tombs
Supervised, white-collar, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered, scattered The name of these laws is just beyond tomorrow, and if you co
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