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What is the “list”? ——The compilation form of the Qing Dynasty’s sample text and its revelation
Author: Xie Jing
Source: The author authorized the Confucian Internet to publish, original “Tongyue Forum” No. 12, 2022
Abstract: The National Code of the Qing Dynasty, “The Great Qing Laws and Regulations”, consists of two standardized situations: law and case. Laws are importantly inherited from previous dynasties, and are “listed” according to the temporary conditions of this dynasty. “Profile” rather than a highly abstract, comprehensive and extensive form of code compilation is a form of traditional code that emphasizes “suppressiveness”. Not only will it not lead to complexity of the code, but it has actually achieved “simple” and usefully “change” of society. In order to realize “simple” and “change” should be “not easy”, the compilation form of the “Da Qing Laws” also requires “not easy” as a guarantee, which includes the “not easy” inheritance of the law for thousands of years and the “not easy” of the law, and the “not easy” of virtue and gift beyond the laws. As the “uneasy”, “change” and “simple” of the “Three Issues” of the “Yi” are the philosophical foundations of my country’s traditional code represented by the “Big Qing Laws and Regulations”. They can also become the civilized foundation and value coordinates for the establishment of today’s legal system and the construction of the system and theory of the outside world of Civic.
Keywords: Qing Dynasty laws and regulations; code compilation; codeification; legislative technology; legislative history
[Author introduction] Xie Jing (1987-), female, doctoral degree, deputy professor of the Chinese Academy of Political Science and Law, purpose of the discussion: Chinese legal history.
Introduction
Along with the compilation and conduct of the “Civil Code of the People’s Republic of China” (hereinafter referred to as the “Civil Code”), the compilation and codeification issues of various departments have become popular topics of concern to the academic community. However, if you refer to extraterritorial experiences, you must have forgotten that Chinese people themselves have a long history of compilation of the code and can provide them with “sources and stagnant water”. Some scholars have found that the compilation of the Codex Iuris Bavarici Criinvestment amountminali), known as “the first major criminal code in modern Germany”, can be deeply influenced by traditional Chinese codes such as Tang and Ming dynasties. [1] Germany is one of the important learning objects in the process of rule of law since modern times and today’s rule of law. If it can borrow our traditions when the modern codification is in its infancy, then we themselves are even more unforgettable.
Of course, under the heat of code compilation and codification research,In 2008, legal historians began to try to do as much as possible. [2] However, the relevant trials are still in the initial stage, and many descriptions and conclusions have similar appearances. On the one hand, the research has stopped at the single introduction to tradition and the call for the use of the past and the present, and has not yet discovered specific and practical content that can be used today. On the other hand, the condition of “ancient” is worth “using” to “for the present”. In the past, there have been criticisms of the traditional code compilation form, but these discussions have not responded to this basis, which has led to the advocacy of the ancient and modern use of the present and has made people doubt the conditions. In fact, whether modern Germany can really borrow our traditions is the author himself admits that it is just a guess and is unrealistic. [3]
The name of the “Book of Changes” by the Han Ru Zheng Xuan interprets: “Easy one and contains three meanings. Easy to be simple is one; changing to change is two; not easy to be three.” [4] Su also taught the borrowing of it for the interpretation of the Chinese traditional code: “The inherent code of China represented by laws and regulations… sufficient seals to prove the difficulty and change reminded by the “Book of Changes” The proof-of-constitutional philosophy of easy and easy. ”[5] This article was inspired by this and continued to develop the “Three Meanings of Easy”, and made progress from the three aspects of simplicity, change and not easy, and took the last form of the Chinese traditional code “Big Qing Laws” [6] as an example, on the basis of sorting out and reflecting the results of the predecessors, it is understood and explored the “listing” form of the traditional codecultivation trends and their revelations to tomorrow.
1. “Simple” or complex: a debate and review on “provision of the principles”
The “Big Qing Laws and Regulations” is composed of two standardized situations: law and examples. The Qing people said: “Laws are for thousands of years without change; examples are forever in harmony with time.” [7] The important law is inherited from the previous dynasty. The three laws of the Lunzhi, Yongzheng, and Qianlong law published in the Qing Dynasty were all appropriately adjusted and perfected on the basis of the old laws of the Tang and Ming dynasties. After the revision of the “Big Qing Laws” in the fifth year of Qianlong (1740), the law text did not make any more material changes, but only fragmentary changes were made. The rules were temporarily revised by the rulers based on social conditions at that time. From the first year of Qianlong (1736) to the ninth year of Tongzhi (1870), the basic principles of rectifying every three years were followed. [8] The law can be repeated from 500 or 502 of the Tang Law Commentary to 460 of the Ming Law, and then to 436 of the Qing Law Rules. However, under the “three years of revision”, the case is becoming more and more complicated. The commentator on “Da Qing Dynasty”The compilation form of the Laws and Regulations is not a matter of being absurd, and it denounces that it “does not adopt the comprehensive theory of the rule, but adopts the principle of the rule.” [9]
The earlier classical reference refers to baoqing from Shen Jiaben: “The first case is the remission of the disease law, and one case is added, and the case is still remission of the case, and another case is added, and the case is produced according to the circumstances, and the milk is not damaged. The examples are very dense. The world’s situation changes thousands of times, which are not something that can be paid by the case. Often, one case is determined by one case, and one case is determined by one person, and one case cannot be compared with everyone. Moreover, this case is changed and the other case is also given by the href=”https://taiwanlog.com/sugardaddy/”>博官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官网口官� : There are cases where the law does not eliminate the law. Since the law often becomes a non-text, the examples become more complicated and complicated. The front and back are touched, or the law is lighter, or the law is broken, or the law is broken, or a case is established in a matter, or a case is specialized in a province, or even the examples are created by examples. Not only are there differences with other departments’ “Suo Examples”, even if one case is divided into different parts, there is no difference. The transition from the tone to the high and low levels is easy to cultivate high and low levels.”[11]
The actual basis for students who have adopted similar arguments is to continue these statements, such as Teacher Dai Yanhui: “Purchasing network comparisonOur country’s old law imposes on violations of the law, but adopts an objective and specific attitude from the principle of viewpoint and comprehensiveness. Due to the legal theory of crime and punishment, Please adopt the absolute criminal principle against crime and punishment to avoid slandering the crime and punishment. …The crime of a unified nature shall be charged separately based on its subject, object, method, intention, location, quantity (days, number of people, number of payments, etc.) and other circumstances, and the punishment shall be different. …The crimes are complicated, and doubts often arise in the case of criminal punishment. “[12] Teacher Qu Tongzu, Chief Teacher: “The love is unreliable, and the law in the code lacks the image of Bao Luo. It is afraid that the law will be traitorous or the love and crime will be inappropriate. Therefore, there are examples based on differences. However, the examples also lack the image of Bao Luo, so there are more and more examples, more and more troubles, and even more and more contacts.” [13] Wang Zhiqiang also pointed out that once the old law has been established and the new law has regenerated, “the contradiction between special law and common law and special law ha
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