Study On Source Of Criminal Law In Zhou Li·Qiu Guan

The research of Zhou Li (Rites of Chou) has been in the care of human since the ancient Han Dynasty. All the respects of value contained in the book named Zhou Li are embodied after the research of scholars through the ages. Based on the former research, the paper focuses on the research about source of the name of criminal law. The Criminal Law is the product of class society, and the book of Zhou Li describes the complete criminal system. In the process of the research of trace about the law name and criminal name concerned, we may understand their development of historic traces more clearly, including the inner inheriting relation.This paper is consisted by five chapters.The first chapter elaborates the achievements of research on the book of Zhou Li, and its the condition of research in the part of Qiu Guan. In the terms of Zhou Li, as a very important ancient book and record in China, has been attracted attentions of many scholars for ages, and which achieved great success. The research on the times of writing this book is the key point and the most controversial part. While the research of Qiu Guan was involved little, the content of Qiu Guan is a part of criminal system, which was explained at that time in fact. The focal point of this chapter analyses the significance of the system research on Qiu Guan.The second chapter explains the official positions in the system of Qiu Guan. According to the principle of whether relating to criminal law or not, the irrelevant official positions are eliminated, left the ones only related to the criminal law. Among these headed by the class of Sikou from high stage to low, it includes Dasitu and Dasima the two official positions out of Qiu Guan and criminal systems.The third chapter explains the criminal names, mainly including investigation and explanation of Wu Xing ( the five forms of punishment in ancient China), that is Mo, Yi, Yue, Gong, Dapi. During the process, the content comes first, then the research of its sources.The fourth chapter studies the name of law. In the book of Zhou Li contains lots of criminal systems which has great impact on later generations, such as Santai, Sanshe, Bayi, Sanci, Sandian and so on.The fifth chapter embodies the criminal law culture in Zhou Li·Qiu Guan, which divides into two sides. One is to analyze the relationship between curtsy and penalty through Zhou Li, and the other is to explain the influence of criminal culture to the later generations from Zhou Li.The innovation of this paper is as follow:Taking the Qiu Guan part in Zhou Li as studing object, the research methods of linguistics and culturology is applied to, including the source of criminal name and specific referent, and revealing the significance of criminal culture affected by Zhou Li,which leads us to understand the source of ancient criminal law and penalty. The disadvantages of paper include that the collection of data is not very complete, the relevant theoretical knowledge is not enough, and the master in argument still leaves much to be desired.