<h1 class= "pgc-h-arrow-right" > the last day before the exam, and then send a key content before the law master's exam to the 21 examination partners - 22 questions on the history of the legal system</h1>
1. The main characteristics of China's traditional legal system
(1) The law comes from the king, and the law of heavy power is long. The monarch enjoys the highest legislative power to determine the creation and change of laws. The law also has the importance of maintaining the power of the monarchy. Monarchs and ruling groups attach importance to the formulation and application of laws to consolidate political stability and maintain social order.
(2) All laws coexist, and civil punishments are divided. The codification of ancient Chinese codes maintains the style of "the integration of various laws and the separation of civil and criminal punishments", but in the legal system, it is the coexistence of various laws and the division of civil and criminal law, that is, the legal system is composed of criminal law, civil law, administrative management law, procedural law and other legal departments.
(3) Family-based, ethical and legal system. The social structure and economic foundations of the law, which uphold the family-oriented nature, have remained stable for thousands of years. The blend and development of moral legalization and legal moralization have become an important feature of the traditional legal system.
(4) Mediation and contention, no litigation is seeking. Non-litigation is the value orientation of the building of the legal system in ancient China, and mediation is an important means to realize the settlement of litigation and the absence of litigation. The mediation of the deep geographical relations that adapt to the closed economic foundation of small peasants relies on clan forces and grass-roots state power, relies on the various legal sources that combine etiquette and law, and maintains the ethical order of the three principles and five constants, forming a complete set of complete systems
2. The relationship between etiquette and punishment
(1) The relationship between "ritual" and "punishment" runs almost through the history of the ancient Chinese legal system, and the relationship between the two is even closer in the Western Zhou Dynasty, which can be described as mutual appearance, complementary to each other, and together constitute a complete system of ancient legal system.
(2) The role of ritual and punishment is different. Etiquette is a positive norm that people are required to consciously observe, focusing on prevention; punishment is a sanction for criminal acts, focusing on punishment after the fact. Etiquette emphasizes moral indoctrination, while punishment focuses on punishment. If moral indoctrination fails, punishment is used for serious violations of etiquette.
(3) The principles of application of etiquette and punishment are different. "Etiquette can not be inferior to the common man, punishment can not be a doctor", which reflects the hierarchical privilege system under the Western Zhou patriarchal system, and is also an important principle of the law of later generations.
3. Etiquette cannot be lowered than a common man, and punishment cannot be a doctor."
"Etiquette can not be lower than the people, punishment can not be a doctor" is an important principle in ancient Chinese law, derived from the "Li Ji Qu Li", starting from the Western Zhou Dynasty.
As a legal principle, "the courtesy is not inferior to the common man, the punishment is not the doctor" emphasizes the inequality between the common people and the aristocratic bureaucracy, and emphasizes the legal privileges of the bureaucratic aristocracy. The so-called "courtesy is not inferior to the common people" means that the common people are "too busy with things but not prepared", who are busy with productive labor and do not have the material conditions required by the status and etiquette of the nobility, so it is impossible to act according to the various etiquette of the nobles at all levels, and these ceremonies are not established for them. But this in no way means that the common man can be unconstrained by courtesy, and any transgression is punished, especially for the man.
The so-called "punishment does not go to the doctor" means, first of all, that the purpose of punishment is not mainly against the nobility, but to prevent and punish the common people; secondly, it means that the nobles can enjoy the privilege of reduction and exemption in the application of punishment, and the general crime can be forgiven. If the nobles committed serious crimes, corporal punishment was generally not applicable, and they could also be exiled or even given to death, but the execution was not carried out in the city court, so as to reflect the dignity of the nobles who "can be killed and cannot be disgraced".
4. The main principles of criminal law in the Western Zhou Dynasty
(1) Juvenile and old offenders are reduced or reduced. According to historical records, during the Western Zhou Dynasty, there was a method of "three pardons", the three pardons were: "one is young and weak, the second is old, and the third is stupid", and these three are generally pardoned except for intentional homicide. During the Western Zhou Dynasty, the elderly over the age of 80 and the young children under the age of 7 were exempt from criminal punishment.
(2) Distinguish between intentional and negligent, habitual offender and occasional offender. During the Western Zhou Dynasty, intentional crimes and negligent crimes, habitual offenders and occasional offenders were already conceptually different. Negligence is called "non-finality", intentionality is "non-contemplation", habitual offenders are called "only the end", and occasional offenders are called "non-final". The Western Zhou Dynasty had the method of the Three Nobles: "One Yu knows not to know, then you know your mistakes, and you know that you forget." This shows that the Western Zhou Dynasty took into account the subjective motives of the perpetrators when convicting and sentencing, which was a major development in the principle of the application of punishment.
(3) The suspicion of sin shall be mitigated, and the suspicion of sin shall be forgiven. During the Western Zhou Dynasty, in order to ensure the prudence of applying the law and prevent the wrongful killing of innocents, all doubtful and difficult cases were punished lightly or pardoned, that is, the so-called "five punishments are pardoned, and five punishments are forgiven."
(4) The principle of moderate leniency and severity. During the Western Zhou Dynasty, based on the proposition of "Prudent Punishment in Mingde", the emphasis was placed on the issue of conviction and sentencing as "middle way", "middle punishment", and "middle justice", that is, leniency and severity were required, and the punishment was equivalent.
(5) Adapt to local and timely conditions. At the beginning of the Zhou Dynasty, the principle of flexible weighing was implemented in view of the specific situation of the feudal state, which was embodied in the principle of "punishing the new country with a light code; torturing the country with chaos, using a heavy code; and punishing the country with peace, using the middle code".
(6) Comparing sin from top to bottom. The so-called "if there is no right law for sin, then the above and below are compared to the crime attached to it", which is applied by analogy in the absence of express provisions of the law.
(7) The same crime and no punishment. This is a principle of criminal law that embodies the patriarchal hierarchy.
5. The litigation system of the Qin Dynasty
1. Method of prosecution: (1) whistleblowing by the parties or relatives, (2) correction by officials. In major cases, the relatives and neighbors of the victims have the obligation to take the initiative to report them, and those who "know that they have committed adultery and do not move" must sit down consecutively.
2. Public office: crimes that endanger the ruling order, such as killing and injuring people and stealing ("thieves killing and injuring others" or stealing others), are listed as the targets of severe punishment and must be accepted by the government;
3. Non-public office complaints: Cases within family members such as "children stealing parents, parents killing without authorization, punishment, hair and concubines", "non-public office accusations" cases must not be reported, and the official government must not accept them. If the accuser persists in making the accusation, the government will punish the accuser. If the content of the accusation is untrue and the accuser accuses him of other matters, the government will not only not accept it, but also hold him accountable for the crime, so as to prevent false accusations.
6. Declaration Pavilion
1. Time: Ming Dynasty;
2. Purpose: to indoctrinate the people and mediate disputes in order to stabilize the ruling order;
3. Nature: local grass-roots judicial organizations;
4. Method: Set up a declaration pavilion in the countryside of each prefecture and county, and be presided over by the elderly and the mayor of the honest township elected by the people of Benli.
5. Procedure: Through the management of A, the elderly rationalized. If he does not go through it, and does not ask the truth, he will first break the staff of sixty, and still send it back to Li Jia and the old man for correction. If you are still unwilling to reconcile after mediation, you can file a lawsuit with the government.
6. Causes: civil household marriages, fields, fights, all small things.
7. The legal form of the Han Dynasty
(1) Law is the basic legal form of the Han Dynasty, including universal and stable written law based on formal norms.
(2) An edict issued by the emperor at any time or a legislative proposal approved by the emperor by his subordinates, which involves a wide range of aspects and has a higher legal effect than the law, and is an important legal form of the Han Dynasty. The order can play a role in additions and modifications. Both laws and decrees are manifestations of the monarch's will.
(3) The section developed from the "lesson", which is a separate law that stipulates crimes and penalties as well as administrative management outside the law, also known as "matter article" and "section article".
(4) Ratio, also known as the ratio of decisions, refers to the use of typical precedents as the basis for adjudicating cases when there is no correct article in the law. Due to its flexibility and pertinence, it is widely used.
8. The main crime of the Han Dynasty
(1) Crimes against the centralized system :(1) A party attached benefits; (2) left officials; (3) non-orthodox; (4) out of bounds; (5) excessive (usurpation) ;(6) leaking provincial Chinese language; (7) the money is not as good as the law; (8) the people of the country are too satisfied.
(2) Crimes against absolute monarchy: (1) deception, slander, and slander; (2) annulment of edicts; (3) resentment and slander; (4) left-handedness; and (5) correction.
(3) Crimes endangering the dignity and safety of the emperor :(1) Crimes of disrespect and great disrespect; (2) Crimes of intrusion and loss of grace.
(4) Crimes against state power :(1) Concealing thieves; (2) Seeing and indulging; (3) drinking in groups; (3) Eating and drinking.
9. The content of the Tang Law
(1) The first "Famous Cases" refers to the various crimes for which punishment is applied and the general rules for conviction and sentencing, respectively, which are roughly equivalent to the general provisions of modern criminal law.
(2) The Guardian Ban mainly stipulates the protection of the emperor, palaces, temples, mausoleums, etc., as well as the defense of guanjin fortresses and border guards;
(3) The "Occupational System" mainly involves job-related crimes and some non-official crimes in terms of officials and their duties, procedures, and delivery of official documents;
(4) "Household Marriage" mainly stipulates the criminal content of hukou, family, marriage, conscription, land management, etc.;
(5) The "Stables" mainly stipulates the feeding and use of horses and cattle and the protection of armor, treasury and warehouses;
(6) "Unauthorized Xing" is mainly a law on the conscription and command of the army, the marching out, the supply of military supplies, and the construction of projects;
(7) "Thieves and Thieves" mainly stipulates the crimes of conspiracy, rebellion, and rebellion, as well as major criminal crimes such as homicide, robbery, and theft, and corresponding criminal liability;
(8) The "Litigation" mainly stipulates the crime of brawl and the crime of prosecution;
(9) "Counterfeiting" is a law on the punishment of fraud and forgery;
(10) The content of the "Miscellaneous Laws" covers a wide range of aspects, and in order not to facilitate the inclusion of criminal provisions in other articles, it mainly plays a role in picking up the gaps in the Tang Laws, mainly stipulating market management, creditor's rights and debts, adultery and fire, and other crimes and penalties that slightly endanger social order and economic relations;
(11) "The Capture of the Dead" is a law concerning the pursuit of fugitives, fugitives, deserters and fugitive slaves;
(12) "Prison Break" is the law on trial, sentencing, enforcement and prison administration.
10. The marriage system of the Tang Dynasty
1. The right to marry: The right of the elder to marry the inferior child has been confirmed and strengthened by law, and its legal responsibility has been correspondingly increased;
2. Marriage certificate and employment are the elements of marriage.
3. Restrictions: No marriage with the same surname; no marriage between the dignity and inferiority who are not of the same surname but are related by blood, and the offender "uses the theory of adultery"; it is strictly forbidden to marry a fugitive woman; the prison officer is not allowed to marry the daughter of the prisoner as a concubine; the good and the unworthy must not be married.
4. Dismissal: (1) Seven out of three do not go, of which the person who divorces his wife without children must be more than fifty years old; If a wife commits a wicked illness or adultery, she may still take a break even though she has the reason of "not going three times." (2) Repudiation: Forced divorce; applies to "(husbands) beating the wife's grandparents, parents, and killing the wife's maternal grandparents, uncles, parents, brothers, aunts, sisters." "Wives beat the grandparents and parents of their husbands, killed and injured their husbands' maternal grandparents, uncles and parents, brothers, sisters, sisters", "those who commit adultery with their wives and mothers and want to harm their husbands", "husband and wife grandparents, parents, maternal grandparents, uncles and parents, brothers, sisters, sisters kill each other". (3) Divorce: Voluntary divorce, applicable to "husband and wife are not harmonious with each other, that is, they do not love each other, and two people who are willing to leave" are not compatible.
11. The main principles of Tang Law's conviction and sentencing (very important knowledge points, pay attention to specific meanings)
(1) Distinguish between public and private crimes.
(2) Joint crimes shall be preceded by intention and the punishment shall be the heaviest punishment.
(3) The crime of merger is heavier.
(4) Voluntary surrender and reduction of punishment.
(5) The principle of analogy.
(6) Commutation of sentences for the elderly and children.
(7) Aggravation of recidivism.
(8) The penalty for crimes committed by aristocratic officials is reduced.
(9) Cohabitation is not a sin.
(10) The violation of good and lowly is punished according to identity.
(11) Aliens are guilty.
(12) Suspicion of sin shall be atonened according to the sin committed.
12. The Tang Five Punishment System
(1) Death penalty. The death penalty is divided into two types: hanging and beheading, which is much more lenient than the previous generation.
(2) Exile. The Tang Law stipulates that on the basis of the Sui system, the mileage will be increased by one thousand miles, forming a stream of two thousand miles, two thousand five hundred miles and three thousand miles, all of which will be labored for one year. In addition, the additional service stream, that is, the flow of three thousand miles, three years of hard labor, is added as a leniency of certain death sentences.
(3) Imprisonment. There are five classes: one year, one and a half years, two years, two and a half years, and three years.
(4) Cane punishment. It is divided into five classes: sixty, seventy, eighty, ninety and one hundred.
(5) Flogging. It is divided into five classes: flogging ten, twenty, thirty, forty and fifty
13. Autumn trial system
The autumn trial system was the most important death penalty review system in the Qing Dynasty, which originated from the Ming Dynasty trial system. Regarded as a "national ceremony", the "Autumn Examination Clause" was specially formulated as the legal basis for the autumn ceremony.
1. Target: Cases of beheading and hanging in prison reported by each province.
2. Processing result:
(1) Facts: If the crime is true and the crime is appropriate, the death penalty is requested.
(2) Deferred decision: Although the facts of the case are true, but the harm is not great, it can be remanded to prison for trial in the autumn of the following year. Whoever is judged to be suspended by the autumn examination of the three may be exempted from death and reduced to three thousand miles, or reduced to smoke and miasma.
(3) Can be reserved: the facts of the case are true, but the circumstances are extenuating, and they will be exempted from death and reduced.
(4) Suspicious: If the facts of the case have not yet been fully understood, the original province will be rejected for retrial.
(5) Retention and inheritance: If the facts of the case are true and the charges are appropriate, but the convict is an only son and his grandparents, the parents are old and unsubtained, or they meet the conditions of "widowhood and only son", etc., with the approval of the emperor, the sentence may be changed to a heavy staff and the shackles may be displayed to the public for three months.
3. Significance: The autumn trial system is an important symbol of the perfection of the criminal trial system, which not only ensures the emperor's control over the supreme judicial power, but also promotes the benevolent rule of the ruler.
14. Requirements for the establishment of the contract for the sale and purchase of real estate in the Song Dynasty
(1) "Ask your neighbors first", that is, when the owner wants to sell real estate, he must first ask the relatives and neighbors whether they have the intention to buy. In other words, the landlord and neighbor have the right of first refusal to purchase the immovable property.
(2) "Loss of money and seal of deed", that is, the sale and purchase of immovable property must pay deed tax (loss of money), and the official seal (seal deed) is stamped on the deed by the government. Contracts stamped with official seals are called "red deeds" and "red deeds", which have a certain notarization significance; contracts that have not paid deed taxes and are stamped with official seals are called "white deeds".
(3) "Excessive taxation", i.e. the purchase and sale of a farmhouse must be accompanied by the transfer of tax obligations attached to it to the new owner.
(4) "Departure of the original owner", that is, the actual possession of the transfer subject, the seller must leave the property, and the contract for the sale and purchase of immovable property is finally established.
15. The late Qing Dynasty
1. Guiding ideology: "Chinese and foreign traffic, there is a good governance".
2. Law Revision Agency: Revision of the Law Museum.
3. Main person in charge: Shen Jiaben, Wu Tingfang.
4. Contents: "The Current Criminal Law of the Great Qing Dynasty", "The Great Fresh Criminal Law" (representative work), "The Draft Law of the Great Qing Dynasty", "Commercial Legislation", the Law on the Organization of courts ("Adjudicator System", "Dali Court Trial Establishment Law", "Court Establishment Law") and The Procedure Law ("Draft Criminal Procedure Law of the Great Qing Dynasty", "Draft Civil Procedure Law of the Great Qing").
5. Main features:
First, in terms of legislative guiding ideology, the Qing government was forced to "change course" and "refer to the laws of various countries" to change the law and revise the law in the face of the drastic changes in the times, but on the fundamental issue, it insisted that the revision of the law should "not be hostile to the etiquette and religious sentiments that have been passed down from generation to generation in China." Therefore, borrowing the form of the Western modern legal system and adhering to the inherent institutional content of China, that is, it became the basic purpose of the Qing Rulers to change the law and revise the law.
Second, in terms of content, on the one hand, the late Qing Dynasty's revision of the law insisted that the absolute monarchy and the code of ethics were often "not subject to change", and continued to maintain the tradition of affirming and maintaining authoritarian rule in the newly revised and newly revised laws; On the other hand, it also flaunts the slogan of "absorbing the good rules of the world and adopting the latest doctrines of recent times", and has introduced a large number of Western legal theories, principles, systems and legal terms, so that the conservative content and advanced modern legal forms appear in the newly formulated laws and regulations at the same time.
Third, in the form of codification of the code, the revision has changed the traditional Chinese form of "integration of various laws", clarified the differences between substantive laws and between substantive laws and procedural laws, and formulated, promulgated, or drafted codes or regulations related to the Constitution, Criminal Law, Civil Law, Commercial Law, Procedural Law, and Court Organization Law, forming the rudiments of the modern legal system. Fourth, in essence, the revision of the law is carried out under the premise of maintaining a monarchy, and it can neither reflect the demands and aspirations of the masses of the people nor has a real form of democracy.
6. Impact:
First, the revision of the law led to the disintegration of the Chinese legal system.
Second, the revision of the law laid the foundation for the modernization of Chinese law.
Third, to a certain extent, the revision of the law has introduced and disseminated Western modern legal doctrines and legal systems.
Fourth, the revision of the law objectively helps to promote the development of Chinese capitalism and the modernization of legal education.
16. The Six Laws System
1. At the beginning of the establishment of the National Government in Nanjing, it began to build China's legal system with the code as the core modeled on the civil law system of the country.
2. Contents: The six categories of laws and regulations, including the Constitution (The Law of the Period of Discipline), civil law, civil procedure law, criminal law, criminal procedure law, and administrative law, establish the basic framework of the legal system of the national government; with the basic code (except administrative law) in these major categories of regulations as the center, each has a set of related laws and regulations.
3. Hierarchy:
First, the Basic Code. At the heart of the six-law system are the basic codes (with the exception of administrative law) such as the Constitution, Civil Law, Criminal Law and Procedural Law.
Second, relevant regulations. That is, low-level regulations formulated around the Basic Code, such as regulations, orders, rules, methods, etc. These relevant regulations, in addition to the basic codes of each department, constitute a complete legal department.
Third, precedents, explanatory examples. That is, the precedents of the Supreme Court in accordance with legal procedures and the interpretations and resolutions made by the Meeting of The Chief Justices of the Judicial Yuan.
17. The mediation system of the anti-Japanese democratic regime
1. Relevant separate laws: 1941 "Shandong Provincial Mediation Commission Provisional Organization Regulations", 1942 "Jin-Cha-Ji Border District Administrative Village Mediation Work Regulations", "Interim Measures for Rural Mediation in Northwest Jinbei", 1943 "Shaanxi-Gansu-Ningxia Border Region Civil Criminal Case Mediation Regulations", etc.
2. Mediation methods: civil mediation, mass organization mediation, government mediation, judicial mediation.
3. The principle of mediation: both parties are voluntary; Take the law as the criterion and take care of good customs; Mediation is not a necessary procedure for litigation.
4. Scope of mediation: civil disputes and minor criminal cases.
5. Mediation treatment: generally there are apologies, admit mistakes, compensation for losses or consolation payments, etc.
6. Requirements: Mediation generally requires the preparation of a settlement statement. During the mediation process, the mediator must abide by the law and respect the human rights of the parties.
7. Significance: People's mediation is a major feature and supplement of the new democratic judiciary, which promotes the combination of fairness and efficiency in judicial work and has had a major impact on the judicial work of New China.
18. The main content and historical significance of the Constitution of the Republic of China
First, the state system and the form of government should be determined in accordance with the Three People's Principles and the Constitution of the Five Powers.
Second, the National Assembly is made the highest organ of power in the country, but its functions and powers are restricted.
Third, the presidential system is adopted in form, but the power of the president is constrained by the Legislative Yuan, the Executive Yuan, and the Control Yuan.
Fourth, it stipulates the people's rights to democracy and freedoms and the necessary constitutional obligations. Fifth, adopt a system of decentralization between the central and local governments, and formally grant autonomy to local governments at the provincial and county levels.
The promulgation of the Constitution of the Republic of China in 1947 marked the end of the period of discipline of the National Government and the official beginning of constitutional government. At the same time, it also imitates the judicial review system in the United States, giving the judicial court the power to interpret the Constitution and uniformly interpret laws and orders. The "Constitution of the Republic of China" is a relatively systematic and complete constitution in the history of modern Chinese constitutionalism, and it is also one of the main achievements in the modernization of China's legal system. However, since this constitution was formulated without the participation of the Communist Party of China and the democratic parties, there are great problems in terms of the breadth and legitimacy of the deputies.
19. The main contents of the Outline of China's Land Law
(1) Declare the abolition of the feudal and semi-feudal land system of sexual exploitation and the practice of the tiller's own land.
(2) The principles to be observed in the land reform are to rely on the poor and hired peasants, unite the middle peasants, protect the industrialists and merchants, and correctly treat the landlords and rich peasants.
(3) To determine the distribution method of distributing all land equally among the population on a village-by-village basis. In terms of the quantity of land, we should make up for the amount of land, and we should make up for the thin in terms of quality. Landlords and their families, as well as the families of Kuomintang officers and soldiers, may also receive the same land and property as the peasants.
(4) Confirmation of the people's ownership of the land to which they are allocated. The government issues land certificates that allow landowners to operate, buy, sell, and lease land under certain circumstances.
(5) To determine the implementing organs of land reform as the rural peasant congress, the poor peasant league congress, and the district and county provincial peasant congress. All criminals who disobey or undermine land reform shall be tried by forming people's courts.
(6) Confirmation of the principles for the protection of industry and commerce.
20. Changes in the property inheritance system from the Tang Dynasty to the Qing Dynasty
(1) The Tang Dynasty implemented the property inheritance system of the equal division system of sons; recognized subrogation inheritance and testamentary succession; and when the virgin did not have the right to inherit property, a part of the property could be reserved as a dowry, up to half of the wealth of the unmarried brother.
(2) In addition to the equal division of brothers, the Song Dynasty also allowed half of the right of brotherly property inheritance to be enjoyed by the chambermaid, and recognized the inheritance right of the widow. At the same time, the contents of "absolute property" and "property of dead merchants" are added, allowing the "succession" and "succession" of the absolute household, and the stepson and the daughter of the deceased family share the inheritance rights.
(3) The Yuan Dynasty adopted the Mongolian customary law, in which the younger son inherited the father's business, and then adopted the inheritance system of the sons, but the inheritance share was different. After the Yuan Dynasty, it was stipulated that divorced women or widows who remarried were not allowed to take away dowries and other property obtained from their parents' homes, which were used by the laws of the Ming and Qing dynasties.
(4) The Ming Dynasty increased the right to inherit the property of the adulterous son, enjoying half of the inheritance right of the biological son, but enjoying the same inheritance right as the stepson, and could inherit the property of the household in full.
21. Characteristics of the succession system of each dynasty
1. Western Zhou
(1) The territory and status of lords at all levels can only be inherited by the sons of the wife (or wife).
(2) In terms of property, the rest of the sons can only be divided between the eldest son and the eldest son, and there is no "right".
(3) A woman has no right to inherit.
2. Han Dynasty: Establishment of non-righteous sins (non-concubines who inherit titles and are exempted from being concubines according to the law).
3. Tang Dynasty
(1) Inheritance of property: equal division of sons, subrogation inheritance, will priority. Under normal circumstances, after a woman is married, she does not enjoy the right to inherit the property of the family. In the "household" house, the chambermaid can share half of the unmarried brother's dowry as her dowry. If there are no virgins in the household and there are no daughters in the family, the married daughter also has certain conditions of inheritance.
(2) Ancestral inheritance: the eldest son inherits, and the childless person adopts the adopted son in the same lineage.
4. Song Dynasty
(1) The sons are divided equally, and the virgin enjoys half of the man's right to inherit property, and the right to inherit the widow is recognized.
(2) Household property inheritance method: The stepson and the daughter of the household absolutely enjoy the right to inherit property, but the chambermaid enjoys 3/4 of the property inheritance right, and the stepson enjoys 1/4 of the property inheritance right. Married women enjoy 1/3 of the inheritance of property, stepsons enjoy 1/3 of the right to inherit property, and the other 1/3 of the property is owned by the state.
(3) A relatively complex inheritance system has been formed, such as general property inheritance, testamentary inheritance, household property inheritance, and deceased merchant property inheritance.
5. Yuan Dynasty
(1) The Mongols and the Semu people each follow this customary law, and the Mongols are inherited from the youngest son to the sons who are divided equally.
(2) The daughters of the household and widows shall have the right of inheritance or conditional inheritance.
(3) If a divorced woman or widow remarries, she shall lose the makeup and other inherited property originally obtained from her parents, and the property of the husband's family shall not be taken away.
6. Ming Dynasty
(1) The system of primogeniture inheritance of status and the system of equal division of sons of property inheritance.
(2) The property of the household shall be inherited by all the relatives and daughters, and those who have no daughters shall enter the government.
(3) The right to inherit the son of adultery: the son of adultery, according to the number of sons and half a point; If there are no other children, the successor shall be the heir, and shall be divided equally with the adulterous son; If there is no successor, Fang promises to inherit the full share.
7. Qing Dynasty
(1) Strictly the legal order of succession of the patriarchs: the eldest son, the eldest grandson, the second son, the second grandson, the eldest son, the eldest grandson, the second son, the second grandson, the second grandson, and the second grandson, and the successor accordingly.
(2) The one-child and ancestral system.
22. Successive central judicial organs and changes
1. Xia Dynasty: Dali
2. Shang Zhou: Grand Si Kou
3. Qin Dynasty: Ting Wei, in charge of justice
4. Northern Qi: Changed the name of Tingwei to Dali Temple
5. Tang and Song Dynasties: Dali Temple (Trial), Punishment Department (Judicial Administration) and Yushitai (Supervision)
6. Yuan Dynasty: Emperor Dazong Zhengfu, Punishment Department (Judicial Administration and Trial), Xuanzheng Yuan (Religious Trial Organ)
7. Ming and Qing dynasties: Punishment Department (trial), Dali Temple (review), change of Yushitai to Metropolitan Inspection Court (supervision)
8. At the end of the Qing Dynasty: the Punishment Department was changed to the Law Department (judicial administration); the Dali Temple was changed to the Dali Yuan (trial)