The Application Of "Eight Deliberations" From Wei JIN To The Northern Wei Dynasty

"Eight Deliberations" originated in "Eight Considerations" for abatement in "Zhou Li", is an important legal privileges system in ancient China.As a result of ideological reason system reason and reality reason act in concert, "Eight Deliberations" was accepted into laws since Wei Dynasty. The return of "Scholar-bureaucrat not regulated by penalty" thought, and the application of "Xian Qing" system in HanDynasty,established ideological basis and system preparation.Taking the opportunity that confucianism made "New Law" in Wei Dynasty, "Eight Deliberations" became a legal system officially.Meritorious statesmen and industrious models were objects of "Eight Deliberations" in Wei Dynasty, their sons also can benefit from this legal system. Speaking of "Deliberation for relatives", Imperial Clan of Cao Wei always be treated severely."Eight Deliberations" was abused in Western Jin Dynasty, Emperor Wu was tolerant for imperial clan crimes, but "Deliberation for relatives" was almost abandoned during "rebellion of Eight Princes" period.Imperial power declined through Eastern Jin Dynasty. Under the pressure of aristocratic family, "Deliberation for relatives" applied sometimes."Eight Deliberations" in Northern Wei Dynasty was unique: special organization to deliberate crimes; legal privilege turned to an award; with the changing of regnant need, the objects of awarding also changed.The range of "Deliberation for relatives" expanded obviously, minor crimes were not punished, half of grave crimes faced light punishment, and execution also had preferential treatment.From Wei Jin to Northern Dynasty, the privilege nature of "Eight Deliberation" didn’t change. Refer to "Deliberation for relatives", the rise and fall of Imperial power、imperial clan and aristocratic family based on imperial power was the first factor that influenceed the treatment of "Deliberation for relatives".