Historical Origins of the Chinese Legal Family
摘要
This chapter begins by defining the concept of “legal system” and briefly introduces the five major legal systems of the world: the Civil Law System, the Common Law System, the Islamic Law System, the Indian Law System, and the Chinese Legal Family. The focus then shifts to tracing the historical development of the Chinese Legal Family. It covers the theocratic laws of the Xia and Shang dynasties; the coexistence of rites and laws in the Western Zhou; the emergence of codified laws during the Spring and Autumn and Warring States periods; the harsh legal system of the Qin dynasty; the benevolent governance in the Han dynasty; the formalization of legal codes in the Tang dynasty, especially the Tang Code; the gradual decline during the Ming and Qing dynasties; and finally, the modern transformation in the late Qing and after the founding of the People’s Republic of China.