The history of Chinese legal civilization : ancient China, from about 21st century B.C. to 1840 A.D

This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal system. It effectively combines classic and historical analysis to probe the historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of the Chinese legal system on the basis of the existing relevant researches. The subject matter is of abundant theoretical and practical significance, as it enriches Marxist legal studies, deepens the readers’ understanding of Chinese legal civilization and offers guiding principles for the creation of socialist legal systems with Chinese characteristics. The chapters are structured chronologically, ranging from the Xia and Shang Dynasties, the Western Zhou Dynasty, the Spring and Autumn Period, the Han Dynasty, the South and North Dynasties, the Sui and Tang Dynasties, the Song Dynasty to the Ming and Qing Dynasties when Chinese legal system took on its final form. The chapters are compiled according to legislation, administrative law, criminal law and judicial system. Besides, the Chinese legal civilization after the Revolution of 1911 led by Sun Yat-sen is also addressed. Introduction The Origin and Main Features of Chinese Legal Civilization Introducing ``Li ́ ́ (Rites) Into Law and Integrating ``Li ́ ́ (Rites) with Law ``Yi Ren Wei Ben ́ ́ (People-Oriented) and ``Ming De Shen Fa ́ ́ (Promoting Virtue and Being Prudent in the Enforcement of Punishm... Following ``Tian Li ́ ́ (Heavenly Principles) and Enforcing Laws According to Specific Circumstances The Family-Oriented Principle and the Ethical Legal System Pursuing No Litigation and Settling Conflicts by Mediation The World Position of Chinese Legal Civilization Contents Chapter 1: The Origin of Chinese Legal Civilization: The Legal Systems of the Xia and Shang Dynasties 1.1 The Earliest Dawn of Chinese Legal Civilization: The Legal System of the Xia Dynasty 1.1.1 The Disintegration of Clan Society and the Emergence of Legal System 1.1.2 The Pathway for China to Move Towards Legal Civilization 1.1.3 From the Primitive Customs to the Law in Class Society 1.1.3.1 From ``Xiang Xing ́ ́ (Xiang Penalty) to the Criminal Law with Class Characteristics 1.1.3.2 The Main Points of View on the Origin of Chinese Law 1.1.3.2.1 The Upper Limits of the Emergence of Law 1.1.3.2.2 The Causes of the Creation of Law 1.1.4 The State Structure and Legal System of Xia Dynasty 1.1.4.1 The State Structure 1.1.4.2 ``Yu Xing ́ ́ (The Penal Code of Yu) 1.1.4.2.1 Accusation 1.1.4.2.2 The Criminal Law and the Principles of Penalty 1.2 The Legal System of Shang Dynasty Under the Ruling of Theocracy 1.2.1 The Unity of Kingship Rights, Family Authority and Theocracy 1.2.2 The Extension of the Scope of the State Management and Division of the Duties of Officials 1.2.3 The More Enriched Contents of Legislation 1.2.4 The Judicial System Under the Influence of Theocratic Law Chapter 2: The Early Developed Form of the Chinese Legal Civilization: The Legal System of Western Zhou Dynasty 2.1 Setting Up the Administrative Management System Protected by Dukes and Princes and Dominated by Royal Families 2.2 Implementing the Comprehensive Strategy of Ruling by ``Li ́ ́ (Rites), ``Yue ́ ́ (Music), ``Zheng ́ ́ (Government) and ``Xing ́ ́ ... 2.3 Establishing the Guiding Principle of ``Jing Tian Bao Ming ́ ́ (Respecting Heaven and Protecting the People) and ``Ming De S... 2.4 The Legal Contents of Lv Xing (The Penal Code of Lv) and Jiu Xing (The Code Nine Penalties) 2.4.1 The Administrative Laws in Inscriptions and Documentary Records 2.4.2 The Criminal Law: Emphasizing Public Rights and Being Cautious with Patriarchal Clan System 2.4.2.1 The Accusation Reflecting the Principle of Emphasizing Public Rights and Being Cautious with Patriarchal Clan System 2.4.2.2 The System of ``Wu Xing ́ ́ (Five Penalties) 2.4.2.3 The Applicable Principle of the Discriminatory Application of Criminal Law 2.4.3 The Civil Law Beginning to Take Shape 2.4.3.1 The Capacity for Civil Rights and Civil Acts 2.4.3.2 The Division of Personal Property and Real Estate and the Ownership Relationship 2.4.3.3 ``Ze ́ ́ (Debt) 2.4.3.4 Marriage and Inheritance 2.5 The Judicial Activities with the Initial Differentiation of Criminal and Civil Litigation Chapter 3: The Legal System of the Spring and Autumn and Warring States Period Featured by Social Transformation and Legal Ref... 3.1 The Reform Adaptable to Social Transformation 3.2 The Collapse of the System of ``Shi Qing ́ ́ (Inheritance of Noble Titles) and the Formation of Bureaucratic System 3.3 Confucianism and Legalism in ``Bai Jia Zheng Ming ́ ́ (The Contention of a Hundred Schools of Thought) 3.4 The Legal Reform Adaptable to Social Transformation 3.4.1 The Issuing of the Statute Laws in the Vassal States and the Legislative Activities in the Spring and Autumn Period 3.4.2 Legislations in Each State in the Warring States Period and Fa Jing (Canon of Laws) Written by Li Kui Chapter 4: The Legal System of Qin Dynasty with ``Laws Made in Every Field ́ ́ 4.1 The Legal System of Qin Dynasty Recorded in Yun Meng Qin Jian (Amounts of Bamboo Writing Slips in Qin Dynasty Excavated in... 4.1.1 The Nature of Qin Lv (Qin Code) Recorded in Yun Meng Qin Jian (Amounts of Bamboo Writing Slips in Qin Dynasty Excavated ... 4.1.2 The Main Contents of Qin Lv (Qin Code) in Qin Jian 4.1.2.1 The Administrative Law on Promoting Bureaucracy 4.1.2.2 The Criminal Law Under the Guidance of the Ideology of Legalists 4.1.2.3 The Civil Laws Beginning to Taking Shape 4.1.2.4 The Economic Laws Adjusted According to Different Categories 4.1.3 The Judicial System Stressing the Responsibility of Officials 4.2 The Legal System of Qin Dynasty After Its Unification 4.2.1 The State System Reflecting Despotism and the Centralization of State Power 4.2.1.1 The Initiation of the Imperial System 4.2.1.2 The Establishment of Bureaucratic System of ``San Gong, ́ ́ ``Jiu Qing ́ ́ and the Administrative System of ``Jun Xian ́ ́ 4.2.2 ``Ming Fa Du ́ ́ (Make Law Known to the People) and ``Ding Lv Ling ́ ́ (Making Laws and Decrees) 4.2.2.1 The Felony of Offending the Emperor 4.2.2.2 The Supplement of National Civil and Economic Laws 4.2.2.3 The Highly Centralized Judicial Trials Chapter 5: The Confucianization of the Legal Systems in Western and Eastern Han Dynasties 5.1 The Establishment of Western Han Dynasty and the Change of the Legislative Policy 5.2 The Legislative Activities and the Forms of Law 5.3 The Enriching and Development of Administrative Law 5.3.1 The Establishment of the Operation Mechanism of State Institutions Headed by the Emperor 5.3.2 The Strengthening of Official Management 5.4 The Criminal Law in Documents and Han Jian (The Bamboo Slip of Han Dynasty) 5.4.1 The Main Accusation in the Laws of Han Dynasty 5.4.1.1 The Crime of Endangering the Political Power 5.4.1.2 The Crime of Profaning Royal Power and Endangering the Personal Safety of the Emperor 5.4.1.3 The Crime of Endangering the Centralization of Authority 5.4.1.4 The Crime of Endangering the Social Order 5.4.1.5 The Crime of Disrupting Economic Order 5.4.1.6 The Malpractice of the Officials 5.4.1.7 Speeches and Thoughts 5.4.1.8 The Violation of Ethics and Morality 5.4.1.9 The Infringement of Human Body 5.4.2 The Penalty System Reform of Abolishing Corporal Punishment 5.4.2.1 The Process of Abolishing Corporal Punishment 5.4.2.2 The Death Penalty 5.4.2.3 Corporal Punishment 5.4.2.4 The Punishment of ``Chi ́ ́ (Flogging with Light Sticks) 5.4.2.5 The Punishment of ``Tu ́ ́ (Imprisonment) 5.4.2.6 ``Qian Xi ́ ́ (The Penalty of Banishing the Criminals To Do Forced Labor in Remote Areas) 5.4.2.7 ``Jin Gu ́ ́ 5.4.2.8 ``Shu Xing ́ ́ (Atonement) 5.4.2.9 ``Fa Jin ́ ́ (Fines) 5.4.3 The Criminal Principle Under the Influence of Confucianism 5.5 The Development of Civil Legal Relationship and Civil Legislation 5.5.1 Identity and Civil Rights 5.5.2 The Ownership and Legal Protection 5.5.3 The Legal Adjustment and Protection of Debt 5.5.4 Marriage, Family and Inheritance 5.6 The Economic Laws of ``Zhong Nong Yi Shang ́ ́ (Encouraging Agriculture and Restraining Commerce) 5.7 The Judicial System Under the Influence of Confucianism 5.7.1 The Judicial System 5.7.2 The Litigation and Jurisdiction 5.7.3 Trial 5.8 The Rising of the Private Law Annotation Chapter 6: The Legal Systems of Wei, Jin, Southern and Northern Dynasty: The Legislative Progress and Cultural Amalgamation 6.1 The Legislative Achievements in Wei, Jin, Southern and Northern Dynasty 6.1.1 The Legislative Achievement of ``San Guo ́ ́ (Three Kingdoms) Represented by Wei Lv (Wei Code) 6.1.2 The Legislative Achievements of Western and Eastern Jin and Southern Dynasty Represented by Jin Lv (Jin Code) 6.1.3 The Legislative Achievements in Northern Dynasty Represented by Bei Wei Lv (Bei Wei Code) and Bei Qi Lv (Bei Qi Code) 6.2 The Basic Contents of the Laws in Different Dynasties 6.2.1 The Strengthening of the Tendency of the Codification of Administrative Law 6.2.2 The Tendency of Applying Severe Punishments and the Drafting of ``Zhong Zui Shi Tiao ́ ́ (Ten Felonies) 6.2.3 The Civil Law Under the Privileged System of ``Shi Zu ́ ́ (the Gentry) 6.3 Inheriting the Judicial System of Han Dynasty Chapter 7: The Legal Systems of Sui and Tang Dynasties: The Finalization of the Forms of Chinese Legal Civilization 7.1 The Legal System of Sui Dynasty Made by Adopting the Strong Points of the Laws of Southern and Northern Dynasties 7.1.1 Legislation in the Early Period of Sui Dynasty and the Historical Role of Kai Huang Lv (The Code Made in the Year of Kai... 7.1.1.1 The Enactment of Kai Huang Lv (The Code Made in the Year of Kai Huang) 7.1.1.2 The Historical Status of Kai Huang Lv (The Code Made in the Year of Kai Huang) 7.1.2 The Management System and the System of ``Kai Ke Qu Shi ́ ́ (To Recruit Talents Through Imperial Examination) in Sui Dynas... 7.1.3 The Establishment of the Basic Framework of Feudal Criminal Law 7.1.4 The Civil and Economic Laws Centered on ``Jun Tian Zhi ́ ́ (The System of Land Equalization) and ``Zu Yong Diao Fa ́ ́ (Law ... 7.1.5 The Judicial System of the Centralized Government 7.2 The Legal System of Tang Dynasty Symbolizing the Establishment of Chinese Legal System 7.2.1 The Legislative Ideology Drawn from the Lessons of the Extinction of Sui Dynasty 7.2.1.1 Advocating Law, Inflicting Penalty with Prudence and Governing the State with Benevolence and Generosity 7.2.1.2 Employing ``De ́ ́ (Virtue) and ``Li ́ ́ (Rites) as ``Ben ́ ́ (the Essence) and ``Xing Fa ́ ́ (Criminal Punishment) as ``Yong ́... 7.2.1.3 The Concise and Consistent Provisions 7.2.1.4 All Criminal Offenses Being Punished According to Law 7.2.2 The Legislative Activities and the Major Legislative Achievements 7.2.2.1 The Making of Legal Codes in the Four Periods of Reigning Represented by Yong Hui Lv (Yong Hui Code) 7.2.2.2 The Making of Tang Liu Dian (The Six Statutes of Tang Dynasty) 7.2.2.3 The Main Legislative Activities in the Middle of Tang Dynasty 7.2.3 The Organic Law of the Administrative Organs and the Official Administration Law 7.2.3.1 The Management System of the Finalized Autocratic Centralization of Authority 7.2.3.2 The Law on Official Management Adaptable to the Needs of Bureaucratic Politics 7.2.3.2.1 (1) The Establishment of the Civil Official Examination System 7.2.3.2.2 (2) The Procedure and Standard for Civil Official Assessment 7.2.3.2.3 (3) The Establishment of the Independent Supervisory System 7.2.4 The Finalized Criminal Law 7.2.5 The More Complicated Civil Law 7.2.5.1 The Civil Legal Capacity and the Disposing Capacity 7.2.5.2 The Rights of Estate Under ``Jun Tian Zhi ́ ́ (The System of Land Equalization) 7.2.5.2.1 (1) The Obtaining and Protection of Ownership 7.2.5.2.2 (2) The Adjustment of Tenancy Relationship and the Protection of ``Dian Quan ́ ́ (Tenancy Rights) 7.2.5.2.3 (3) ``Zhi Quan ́ ́ (Pledge Rights) and ``Dian Quan ́ ́ (Pawn Rights) 7.2.5.3 The Expansion of the Legal Adjustment of Debt 7.2.5.4 The Full Approval and Protection of the Systems of Feudal Marriage, Family and Inheritance 7.2.5.4.1 (1) The Arrangement and Dissolution of Marriage 7.2.5.4.2 (2) The Legalization of the Patriarchal System 7.2.5.4.3 (3) Identity Inheritance Is the Core of Inheritance Law 7.2.6 The Strengthening of the Legal Adjustment of Economic Relationships 7.2.6.1 The Implementation of ``Zu Yong Diao Fa ́ ́ (Law on Farmland Rent, Handicraft Tax, and Corvée) Based on the ``Jun Tian Z... 7.2.6.2 The Legal Adjustment of Handicraft Industries 7.2.6.3 The Legal Adjustment of Business 7.2.7 The Judicial System Tending To Be Perfect 7.2.7.1 The Judicial System of ``San Si Tui Shi ́ ́ (The Joint Trial by Three Departments) 7.2.7.2 Prosecution and Jurisdiction 7.2.7.3 The Trial System of ``Yi Zhuang Ju Yu ́ ́ (Interrogating the Suspect in Accordance with the Facts Alleged in the Complai... 7.2.8 The Characteristics of Tang Lv (Tang Code) and Its World Position 7.2.8.1 Lawmaking Guided by ``Gang Chang ́ ́ (The Chinese Ethical Tradition) 7.2.8.2 The Legalization of the Basic Norms of ``Li ́ ́ (Rites) 7.2.8.3 The Leniency and Severity of Punishment Determined by the Principle of ``Li ́ ́ (Rites) in Judicial Practice 7.3 The Legal Systems of ``Wu Dai Shi Guo ́ ́ (Five Dynasties and Ten Kingdoms) Chapter 8: The Legal Civilization of Northern and Southern Song Dynasties Fostered by Commercial Economy 8.1 The National Policy and Characteristics of the Legislation of the Early Song Dynasty 8.1.1 The National Policy of Strengthening the Centralization of Authority 8.1.2 The Characteristics of the Legislation 8.2 The Administrative Law for Strengthening the Centralization of Authority 8.2.1 The System Reform for Strengthening the Centralization of Authority 8.2.2 The Enrichment of the Official Administrative Law 8.2.2.1 The Selection, Assessment, Grading, and Retirement of Officials 8.2.2.2 The Development of the Supervisory System and the Supervision Law 8.3 Criminal Law Aiming to Maintain the Centralization of Authority 8.3.1 ``Dao Zei Zhong Fa ́ ́ (Severe Punishment for Robbery and Theft) 8.3.2 The Changes of the Penal System Shown by ``She Zhang Fa ́ ́ 8.4 Civil Law Adapting to the Development of Commodity Economy 8.4.1 The Expansion of Household Registration and the Changes of People ́s Identities 8.4.2 New Development of Property Rights 8.4.3 The New Achievements of the Law of Obligation 8.4.4 Marriage and Inheritance for the Improvement of Women ́s Social Status 8.5 The Economic and Financial Law Made with the Spirit of Reform 8.5.1 Agricultural, Industrial, and Commercial Legislation 8.5.2 The Financial Legislation 8.5.2.1 Qian Fa (The Regulation on Metallic Money) 8.5.2.2 Financial Law 8.5.2.2.1 (1) Tax Law: The Tax Law of the Song Dynasty Mainly Consisted of Land and Commercial Tax 8.5.2.2.2 (2) Shang Gong Qian Wu Fa (Law on Paying Tribute of Money and Goods to the Central Government) 8.5.2.2.3 (3) Laws on Account Management 8.5.2.2.4 (4) Laws on Financial Supervision 8.6 The Judicial System of ``Ju Yan Fen Si ́ ́ (The Separation of Interrogation and Conviction) 8.6.1 The Change of Judicial System 8.6.2 Perfection of the Judicial Proceedings of Civil Procedure 8.6.3 The Creation of the System of ``Ju Yan Fen Si ́ ́ (The Separation of Interrogation and Conviction) 8.7 The Historical Role of the Legal System and the Achievement of ``Lv Xue ́ ́ (The Study of Statutory Laws) in the Southern an... 8.8 The Legal Systems of Liao, Western Xia, and Jin Dynasties Compared with That of the Song Dynasty 8.8.1 The Legal System of the Liao Dynasty 8.8.2 The Legal System of Western Xia Dynasty 8.8.3 The Legal System of the Jin Dynasty Chapter 9: The Legal System of ``Zu Shu Bian Tong ́ ́ in the Yuan Dynasty 9.1 The Legislative Achievements of ``Fu Hui Han Fa ́ ́ (Sticking to and Integrating the Laws of the Han Nationality) 9.2 The Administrative Legislation and Management System with National Characteristics 9.2.1 The Administrative Law of ``Zu Shu Bian Tong ́ ́ 9.2.2 The Management System with Its Distinctive Features 9.2.3 The Official Administration Law Focused on Supervision 9.3 Criminal Law Made by Combining Reference to the Old Systems of the Tang and Song Dynasties and Innovation 9.3.1 Executing Penalties According to ``Fu Zhi ́ ́ (Mourning Apparel System) 9.3.2 Changing ``Shi E ́ ́ (The Ten Abominations) to ``Zhu E ́ ́ (Various Abominations) 9.3.3 The Penalty System and the Principle of Making Criminal Law with National Characteristics 9.3.3.1 Dividing and Ruling According to Ethnic Standards 9.3.3.2 Strict Implementation of Different Punishments for the Same Crime Between Masters and Slaves and Between Monks and the... 9.3.3.3 Aggravating Punishment for the Crime of ``Zei Dao ́ ́ (Stealing and Robbery) 9.3.3.4 More Lenient Punishment for Officials Committing the Crime of ``Zuo Zang ́ ́ (Embezzlement) 9.4 The Civil Law with National Differences 9.4.1 Classifying the People According to Their Ethnic Identities 9.4.2 The Characteristics of the Times of the Protection of Property Rights 9.4.3 The Making of Debt Contract 9.4.4 Marriage and Inheritance Law with the Integration of the Laws of Mongolian and Han Nationalities 9.5 The Trial System with Diverse Jurisdiction 9.5.1 The Diversified Judicial Organization System 9.5.2 Concurrency of Regional Jurisdiction and Ethnic and Religious Jurisdiction 9.5.3 Mediation Extensively Practiced in Civil Trials Chapter 10: The Legal System of the Ming Dynasty: The Final Form of Chinese Legal Civilization 10.1 Legislative Ideology and Achievements of the Ming Dynasty 10.1.1 Zhu Yuanzhang ́s Legislative Ideology in the Early Ming Dynasty 10.1.2 The Making of Da Ming Lv (The Great Ming Code), the Amendment of Wen Xing Tiao Li (The Ordinance for Inquisition), and ... 10.1.2.1 The Making of Da Ming Lv (The Great Ming Code) 10.1.2.2 The Making of Ming Da Gao (The Great Imperial Mandates of Ming Dynasty) 10.1.2.3 The Revision of Wen Xing Tiao Li (The Ordinance for Inquisition) 10.1.2.4 The Making of Ming Hui Dian (The Collected Statutes of Ming Dynasty) 10.2 The Administrative Legislation for the Strengthening of Absolutism 10.2.1 The Major Changes of the Central Administrative System 10.2.2 The Law on the State Officials to Maintain the Operation of Bureaucracy 10.2.3 The Change of the Supervisory System and Enriching of Supervision Law 10.3 Criminal Law Reflecting the Thoughts of Ruling the Country with Severe Penalties 10.3.1 The Ideology of ``Bringing Order Out of the Troubled Times by Enforcing Severe Penalties ́ ́ and Its Influence on the Leg... 10.3.1.1 Expanding the Scope of Punishment for Those Involved in the Crime of ``Fan Ni ́ ́ (Treachery) 10.3.1.2 Enforcing Severe Punishment on Subordinate Officials Forming Cliques and Officials Inside and Outside the Capital Col... 10.3.1.3 Controlling People ́s Thoughts and Speeches by Severe Punishments 10.3.1.4 Strengthening the Management of Officials and Enforcing Severe Punishments on Corrupt Officials 10.3.1.5 Aggravating Penalties for Robbers, Thieves, and Vagrants 10.3.2 The Penal System Focusing on the Punishment of Treacherous People and the Applicable Principles of Criminal Law 10.4 Further Development of Civil Law 10.4.1 ``Ren Hu Fen Bian ́ ́ (Separation of Registered and Actual Residence) and the Subjects of Civil Rights 10.4.2 The Usufruct of Estate Rights and the Expansion of Guarantee 10.4.3 The New Development of the Law of Obligation 10.4.4 Marriage and Inheritance Law Adapted from That of the Tang and Song Dynasties 10.5 Economic Legislation Adapting to the Economic Development 10.5.1 The Agricultural Legislation Encouraging Land Reclamation 10.5.2 The Government-Run Handicraft Industry with the Promotion of the System of ``Jiang Ji ́ ́ (The Craftsman Household Regist... 10.5.3 The Strengthening of ``Jin Que Zhi Du ́ ́ (The System of State Monopoly for Some Important Goods) in Commerce 10.5.4 The Making of the Laws on Metallic and Paper Money 10.6 The Change of Jurisdiction and the Joint Trial System 10.6.1 The Change of the Administration of ``San Fa Si ́ ́ (Three Judicial Departments) 10.6.2 The Judicial Procedures Emphasizing Judicial Jurisdiction 10.6.3 The Newly Created ``Hui Shen Zhi Du ́ ́ (The Joint Trial System) 10.7 The Achievement of ``Lv Xue ́ ́ (The Study of Statutory Laws) and the World Position of Da Ming Lv (The Great Ming Code) 10.7.1 The Achievement of ``Lv Xue ́ ́ (The Study of Statutory Laws) 10.7.2 The World Position of Da Ming Lv (The Great Ming Code) Chapter 11: The Legal System of the Qing Dynasty: The Final Form of Chinese Legal Civilization 11.1 The Foundation of the Legal System Before Entering Shanhaiguan 11.1.1 The Transition from Jurchen Customary Law to Statute Law 11.1.2 Initiation of the Legal System of ``Can Han Zhuo Jin ́ ́ 11.1.3 Characteristics of the Legal System in the Early Period 11.1.3.1 With Traces of Jurchen Customary Law 11.1.3.2 The Legislation Adaptable to Social Transformation 11.1.3.3 Integration with the Advanced Legal Culture of the Han Nationality 11.1.3.4 Military Laws Accounting for a Large Proportion 11.2 The Complete Implementation of the Legislative Principle of ``Can Han Zhuo Jin ́ ́ 11.2.1 Da Qing Lv Li (The Laws and Precedents of Great Qing): The Main Achievements of ``Can Han Zhuo Jin ́ ́ 11.2.2 Da Qing Hui Dian (The Collected Statutes of Great Qing) and the Making of Departmental Regulations 11.2.3 The National Legislation Made according to Li Fan Yuan Ze Li (The Regulation for the Bureau of National Minority Affair... 11.2.3.1 Meng Gu Lv Li (The Laws and Precedents of Mongolia) and Li Fan Yuan Ze Li (The Regulation for the Bureau of National ... 11.2.3.2 Qin Ding Xi Zang Zhang Cheng (The Statutes of Tibet Made by Means of an Imperial Order) 11.2.3.3 Hui Jiang Ze Li (Regulations of Huijiang) 11.2.3.4 The Mongolian Legislation in the Local Regions of Qinghai 11.2.3.5 Legislation in the Local Regions of Miaojiang 11.3 The Legalization of the Administrative System and the System of Official Management 11.3.1 The Change of Administrative System 11.3.2 The Legalization of Official Management 11.4 The Criminal Law Made to Strengthen the Autocratic Ruling 11.4.1 The Main Crimes in Da Qing Xing Lv (The Criminal Law of Great Qing) 11.4.1.1 The Crime of ``Fan Ni ́ ́ (Treachery) 11.4.1.2 The Crime of Heretical Ideology 11.4.1.3 The Crime of ``Da Bu Jing ́ ́ (Great Irreverence) 11.4.1.4 The Crime of ``Jian Dang ́ ́ (Treacherous Cliques) 11.4.1.5 The Crime of ``Jiang Yang Da Dao ́ ́ (Infamous Robbery) 11.4.1.6 The Crime of Spreading Heresy 11.4.1.7 The Crime of Opium Trade and Smoking 11.4.1.8 The Crime of Corruption and Extorting Bribes 11.4.2 The Penalty System and the Principle for the Application of Criminal Law 11.5 Codification of Civil Law 11.5.1 Social Structure and Identity 11.5.1.1 The Nobility 11.5.1.2 The Peasants 11.5.1.3 ``Gu Gong Ren ́ ́ (The Hired Men or Servants in the Families of Common People) 11.5.1.4 The Artisans 11.5.1.5 Servants 11.5.2 The Further Enrichment of Property Rights 11.5.2.1 The Protection of ``Suo You Quan ́ ́ (Ownership) 11.5.2.2 The Development of ``Yong Dian Quan ́ ́ (Rights of Permanent Rent) 11.5.2.3 ``Dian Quan ́ ́ (Pawn Rights) 11.5.2.4 ``Zhi Quan ́ ́ (Pledge Rights) 11.5.3 The Perfection of ``Zhai Fa ́ ́ (Law of Obligation) 11.5.3.1 Obligations Attached to Contracts 11.5.3.2 The Types of Contract 11.5.3.3 The Obligation Caused by Torts and Compensation of Damages 11.5.4 Marriage, Family, and Inheritance Mixed with the Custom of the Jurchen Nationality 11.6 Enriching of the System of Economic Law 11.6.1 The New Development of Tax Legislation 11.6.2 The Industrial and Commercial Legislation of Secluding the Country from the Outside World 11.6.3 The Legislation Ensuring Water Transportation 11.7 The More Complete Judicial System 11.7.1 Reform of the Judicial System 11.7.2 The More Specific Criminal and Civil Litigation 11.7.2.1 Criminal Litigation 11.7.2.2 Civil Litigation 11.7.3 The Criminal Trial and ``Hui Shen Zhi Du ́ ́ (The Joint Trial System) 11.7.4 The Civil Trial with the a Combination of Judgment and Mediation 11.8 The New Achievement of ``Lv Xue ́ ́ (The Study of Statutory Laws) and Its Impact on Legislation and the Judiciary "This book, based on the theory of Marxism-Leninism, aims to study the essence, content and features of various legal systems in China in different historical periods, as well as the rules of the development of Chinese legal system. It combines classic and historical analysis to probe the historical facts and elaborate the historical role of the legal system, revealing both the general and the specific rules of the development of the Chinese legal system on the basis of the existing relevant researches. The chapters are structured chronologically, ranging from the Xia and Shang Dynasties, the Western Zhou Dynasty, the Spring and Autumn Period, the Han Dynasty, the South and North Dynasties, the Sui and Tang Dynasties, the Song Dynasty to the Ming and Qing Dynasties when Chinese legal system took on its final form. The chapters are compiled according to legislation, administrative law, criminal law and judicial system. The Chinese legal civilization after the Revolution of 1911 led by Sun Yat-sen is also addressed"--Adapted from the back cover