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Traditional Chinese law

Index Traditional Chinese law

Traditional Chinese law refers to the laws, regulations and rules used in China up to 1911, when the last imperial dynasty fell. [1]

60 relations: Adversarial system, Book of Documents, China, Chinese law, Civil law (common law), Civil law (legal system), Classical Hindu law, Common law, Comparative law, Confession (law), Confucianism, Confucius, Contract, Criminal procedure, Custom (law), Debt, Eight Deliberations, Fang Xuanling, Filial piety, Five Punishments, Foot whipping, Great Qing Legal Code, Han dynasty, Han Feizi, Inquisitorial system, Jean Escarra, Kaihuang Code, King Wu of Zhou, Legalism (Chinese philosophy), Li Kui (legalist), List of ancient legal codes, Magistrate, Ming dynasty, Mongols, Neo-Confucianism, Pluralism (political theory), Precedent, Primogeniture, Private law, Property, Qin (state), Qin dynasty, Qing dynasty, Religious law, Separation of powers, Shang Yang, Sharia, Song dynasty, Sui dynasty, Tang Code, ..., Tang dynasty, Ten Abominations, Torture, Usury, Wei (state), Western world, Xun Kuang, Yuan dynasty, Zheng (state), Zhou dynasty. Expand index (10 more) »

Adversarial system

The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth and pass judgment accordingly.

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Book of Documents

The Book of Documents (Shujing, earlier Shu-king) or Classic of History, also known as the Shangshu ("Esteemed Documents"), is one of the Five Classics of ancient Chinese literature.

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China

China, officially the People's Republic of China (PRC), is a unitary one-party sovereign state in East Asia and the world's most populous country, with a population of around /1e9 round 3 billion.

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Chinese law

Chinese law is one of the oldest legal traditions in the world.

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Civil law (common law)

Civil law is a branch of the law.

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Civil law (legal system)

Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.

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Classical Hindu law

Classical Hindu law is a category of Hindu law (dharma) in traditional Hinduism, taken to begin with the transmittance of the Vedas and ending in 1772 with the adoption of "A Plan for the Administration of Justice in Bengal" by the Bengal government.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Comparative law

Comparative law is the study of differences and similarities between the law of different countries.

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Confession (law)

In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person.

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Confucianism

Confucianism, also known as Ruism, is described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or simply a way of life.

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Confucius

Confucius (551–479 BC) was a Chinese teacher, editor, politician, and philosopher of the Spring and Autumn period of Chinese history.

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Contract

A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.

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Criminal procedure

Criminal procedure is the adjudication process of the criminal law.

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Custom (law)

Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting.

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Debt

Debt is when something, usually money, is owed by one party, the borrower or debtor, to a second party, the lender or creditor.

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Eight Deliberations

Eight Deliberations, also translated as Eight Considerations, Eight Discussions, Eight Discussed Cases or Eight Precedents, was a set of principles used by traditional Chinese law in order to lessen legal punishment on the royalties, nobles and members of upper classes.

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Fang Xuanling

Fang Qiao (579–648), courtesy name Xuanling, better known as Fang Xuanling, posthumously known as Duke Wenzhao of Liang, was a Chinese statesman and writer who served as a chancellor under Emperor Taizong in the early Tang dynasty.

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Filial piety

In Confucian philosophy, filial piety (xiào) is a virtue of respect for one's parents, elders, and ancestors.

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Five Punishments

The Five Punishments was the collective name for a series of physical penalties meted out by the legal system of pre-modern Dynastic China.

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Foot whipping

Foot whipping or bastinado is a method of corporal punishment which consists of hitting the bare soles of a person's feet.

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Great Qing Legal Code

The Great Qing Legal Code (or Great Ching Legal Code), also known as the Qing Code (Ching Code) or, in Hong Kong law, as the Ta Tsing Leu Lee (大清律例), was the legal code of the Qing empire (1644–1912).

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Han dynasty

The Han dynasty was the second imperial dynasty of China (206 BC–220 AD), preceded by the Qin dynasty (221–206 BC) and succeeded by the Three Kingdoms period (220–280 AD). Spanning over four centuries, the Han period is considered a golden age in Chinese history. To this day, China's majority ethnic group refers to themselves as the "Han Chinese" and the Chinese script is referred to as "Han characters". It was founded by the rebel leader Liu Bang, known posthumously as Emperor Gaozu of Han, and briefly interrupted by the Xin dynasty (9–23 AD) of the former regent Wang Mang. This interregnum separates the Han dynasty into two periods: the Western Han or Former Han (206 BC–9 AD) and the Eastern Han or Later Han (25–220 AD). The emperor was at the pinnacle of Han society. He presided over the Han government but shared power with both the nobility and appointed ministers who came largely from the scholarly gentry class. The Han Empire was divided into areas directly controlled by the central government using an innovation inherited from the Qin known as commanderies, and a number of semi-autonomous kingdoms. These kingdoms gradually lost all vestiges of their independence, particularly following the Rebellion of the Seven States. From the reign of Emperor Wu (r. 141–87 BC) onward, the Chinese court officially sponsored Confucianism in education and court politics, synthesized with the cosmology of later scholars such as Dong Zhongshu. This policy endured until the fall of the Qing dynasty in 1911 AD. The Han dynasty saw an age of economic prosperity and witnessed a significant growth of the money economy first established during the Zhou dynasty (c. 1050–256 BC). The coinage issued by the central government mint in 119 BC remained the standard coinage of China until the Tang dynasty (618–907 AD). The period saw a number of limited institutional innovations. To finance its military campaigns and the settlement of newly conquered frontier territories, the Han government nationalized the private salt and iron industries in 117 BC, but these government monopolies were repealed during the Eastern Han dynasty. Science and technology during the Han period saw significant advances, including the process of papermaking, the nautical steering ship rudder, the use of negative numbers in mathematics, the raised-relief map, the hydraulic-powered armillary sphere for astronomy, and a seismometer for measuring earthquakes employing an inverted pendulum. The Xiongnu, a nomadic steppe confederation, defeated the Han in 200 BC and forced the Han to submit as a de facto inferior partner, but continued their raids on the Han borders. Emperor Wu launched several military campaigns against them. The ultimate Han victory in these wars eventually forced the Xiongnu to accept vassal status as Han tributaries. These campaigns expanded Han sovereignty into the Tarim Basin of Central Asia, divided the Xiongnu into two separate confederations, and helped establish the vast trade network known as the Silk Road, which reached as far as the Mediterranean world. The territories north of Han's borders were quickly overrun by the nomadic Xianbei confederation. Emperor Wu also launched successful military expeditions in the south, annexing Nanyue in 111 BC and Dian in 109 BC, and in the Korean Peninsula where the Xuantu and Lelang Commanderies were established in 108 BC. After 92 AD, the palace eunuchs increasingly involved themselves in court politics, engaging in violent power struggles between the various consort clans of the empresses and empresses dowager, causing the Han's ultimate downfall. Imperial authority was also seriously challenged by large Daoist religious societies which instigated the Yellow Turban Rebellion and the Five Pecks of Rice Rebellion. Following the death of Emperor Ling (r. 168–189 AD), the palace eunuchs suffered wholesale massacre by military officers, allowing members of the aristocracy and military governors to become warlords and divide the empire. When Cao Pi, King of Wei, usurped the throne from Emperor Xian, the Han dynasty would eventually collapse and ceased to exist.

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Han Feizi

The Han Feizi is an ancient Chinese text attributed to foundational political philosopher, "Master" Han Fei.

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Inquisitorial system

An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense.

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Jean Escarra

Jean Escarra (10 April 1885, Paris - 14 August 1955, Paris), French legal scholar, consultant of the Chinese government and professor at the Faculté de Droit de Paris.

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Kaihuang Code

The Kaihuang Code was a series of laws formulated in China at the time of Sui dynasty Emperor Wen of Sui (r. 581-604 CE).

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King Wu of Zhou

King Wu of Zhou was the first king of the Zhou dynasty of ancient China.

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Legalism (Chinese philosophy)

Fajia or Legalism is one of Sima Tan's six classical schools of thought in Chinese philosophy.

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Li Kui (legalist)

Li Kui (455–395 BC) was an ancient Chinese government minister and court advisor to Marquis Wen (r. 403–387 BC) in the state of Wei.

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List of ancient legal codes

The legal code was a common feature of the legal systems of the ancient Middle East.

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Magistrate

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law.

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Ming dynasty

The Ming dynasty was the ruling dynasty of China – then known as the – for 276 years (1368–1644) following the collapse of the Mongol-led Yuan dynasty.

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Mongols

The Mongols (ᠮᠣᠩᠭᠣᠯᠴᠤᠳ, Mongolchuud) are an East-Central Asian ethnic group native to Mongolia and China's Inner Mongolia Autonomous Region.

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Neo-Confucianism

Neo-Confucianism (often shortened to lixue 理學) is a moral, ethical, and metaphysical Chinese philosophy influenced by Confucianism, and originated with Han Yu and Li Ao (772–841) in the Tang Dynasty, and became prominent during the Song and Ming dynasties.

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Pluralism (political theory)

Classical pluralism is the view that politics and decision making are located mostly in the framework of government, but that many non-governmental groups use their resources to exert influence.

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Precedent

In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

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Primogeniture

Primogeniture is the right, by law or custom, of the paternally acknowledged, firstborn son to inherit his parent's entire or main estate, in preference to daughters, elder illegitimate sons, younger sons and collateral relatives; in some cases the estate may instead be the inheritance of the firstborn child or occasionally the firstborn daughter.

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Private law

Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems).

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Property

Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing.

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Qin (state)

Qin (Old Chinese: *) was an ancient Chinese state during the Zhou dynasty.

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Qin dynasty

The Qin dynasty was the first dynasty of Imperial China, lasting from 221 to 206 BC.

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Qing dynasty

The Qing dynasty, also known as the Qing Empire, officially the Great Qing, was the last imperial dynasty of China, established in 1636 and ruling China from 1644 to 1912.

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Religious law

Religious law refers to ethical and moral codes taught by religious traditions.

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Separation of powers

The separation of powers is a model for the governance of a state.

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Shang Yang

Shang Yang, or Wei YangAntonio S. Cua (ed.), 2003, p. 362, Encyclopedia of Chinese Philosophy (born with the surname Gongsun in Wey, Zhou Kingdom; c. 390 – 338 BCE), was a statesman and reformer of the State of Qin during the Warring States period of ancient China.

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Sharia

Sharia, Sharia law, or Islamic law (شريعة) is the religious law forming part of the Islamic tradition.

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Song dynasty

The Song dynasty (960–1279) was an era of Chinese history that began in 960 and continued until 1279.

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Sui dynasty

The Sui Dynasty was a short-lived imperial dynasty of China of pivotal significance.

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Tang Code

The Tang Code was a penal code that was established and used during the Tang Dynasty in China.

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Tang dynasty

The Tang dynasty or the Tang Empire was an imperial dynasty of China preceded by the Sui dynasty and followed by the Five Dynasties and Ten Kingdoms period.

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Ten Abominations

The Ten Abominations (十惡) were a list of offenses under traditional Chinese law which were regarded as the most abhorrent, and which threatened the well-being of civilized society.

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Torture

Torture (from the Latin tortus, "twisted") is the act of deliberately inflicting physical or psychological pain in order to fulfill some desire of the torturer or compel some action from the victim.

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Usury

Usury is, as defined today, the practice of making unethical or immoral monetary loans that unfairly enrich the lender.

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Wei (state)

Wei (Old Chinese: *) was an ancient Chinese state during the Warring States period.

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Western world

The Western world refers to various nations depending on the context, most often including at least part of Europe and the Americas.

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Xun Kuang

Xun Kuang (c. 310c. 235 BC, alt. c. 314c. 217 BC), also widely known as Xunzi ("Master Xun"), was a Chinese Confucian philosopher who lived during the Warring States period and contributed to the Hundred Schools of Thought.

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Yuan dynasty

The Yuan dynasty, officially the Great Yuan (Yehe Yuan Ulus), was the empire or ruling dynasty of China established by Kublai Khan, leader of the Mongolian Borjigin clan.

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Zheng (state)

Zheng (Old Chinese: *) was a vassal state in China during the Zhou Dynasty (1046–221 BCE) located in the centre of ancient China in modern-day Henan Province on the North China Plain about east of the royal capital at Luoyang.

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Zhou dynasty

The Zhou dynasty or the Zhou Kingdom was a Chinese dynasty that followed the Shang dynasty and preceded the Qin dynasty.

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Redirects here:

Chinese customary law.

References

[1] https://en.wikipedia.org/wiki/Traditional_Chinese_law

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