The Study Over The Idea Of Heavy Penalty In Criminal Legislation Of Early Ming Dynasty

Early Ming Dynasty in Chinese history is an era linking the past and the later. After Event "YASHAN’and nearly a hundred years’alien rule, Zhu Ming dynasty established, but also it marks the reconstruction of a large number of Han Chinese regime’s laws and institutions. In terms of construction of the legal system, as the founding emperor of the Ming dynasty, Zhu Yuanzhang considered it very seriously. At the first year of Wu, when he "conquered Wuchang city, he ordered to discuss the law issue. In the early period of establishment of the Ming Dynasty, by the proposal of the Prime Minister, Li Shanchang " it should comply with law of Tang Dynasty", he ordered to formulate the law with template of Tang law. After’that, the first Ming emperor m Zhu Yuanzhang has organized several staff carried on Ming law’s revision. In addition to being the official national law "Daminglv", also in the name of "law propaganda and education of people" Zhu Yuanzhang promulgated three volumes "DA GAO" and a lot of orders with a property of law. Patent outside. Compared Ming law with Tang law, in addition to simplifying, a major feature is implement the "punishment with heavy penalties" Thought. Although the thought of "Virtue is principal, punishment is secondary" is the basic idea of Confucian concept of punishment in the Chinese traditional legal system, but "rule a orderless country, with heavy penalties" is still regarded as a model of ancient jurists. As a master’s law of the Chinese legal system, the "punishment with heavy penalties" Thought in Ming law is all along the focus of academic research. According to the "Investigation report of research status and development trends of the of the Legal History " chaired by Zeng Xianyi,"Ruling country by heavy penalties " in early Ming has become one of major and the basic theoretical issues in Chinese legal history studies. Clarifying the problem of Legislation with thought "punishment with heavy penalties" in the early Ming Dynasty is not only helping to understand the relationship between Chinese heritage context and legal history of the development of the Chinese legal system, but also a considerable reference for today’s legal system and against corruption.Based on the analysis of historical data, with comparison of Tang law and Ming law and analysis of his own development, around the question of reflection of core idea of punishment with heavy penalties in the early Ming law, it develop more in-depth analysis and discussion in order to find the causes, effects and significance for future generations of this idea. The thesis is divided into five parts, including the introduction, to discuss the issue of "punishment with heavy penalties" of legislation in the early Ming Dynasty.The first part:the introduction. In this part, underlining the role of linking the past and later by Ming law in our legal history, leads to the thought of "ruling orderless country, with heavy penalties" in legislation of early Ming Dynasty. On this basis, we sort out the relevant documents to find studies starting point of this article.The second part:a overview of the legislation of the early Ming Dynasty. This part, following chronological time order, from era of King WU to his later era of reign, I will make a presentation about its legislative status, in order to have a clear understanding about the development of Legislation in the early Ming Dynasty. Which leads to the following questions:Which part in early Ming legislation that affected by heavy penalties doctrine? Which changes of heavy penalties doctrine can we find in the development of legislation? What are the factors leading to change? This series of questions need to be discussed in a later section.The third part:elaborating in detail the fact of "punishment with heavy penalties," in the early Ming legislation. Through horizontal comparison with its reference, Tang Dynasty law, we develop a detailed analysis of the legislation in the early Ming Dynasty, Which part is heavier than Tang Dynasty law, and which part is lighter. From these two parts, we can show the situation of "punishment with heavy penalties," in early Ming legislation in general. Meanwhile, we make a longitudinal comparison for Ming law with DAGAO in order to display the situation for further development of Zhu Yuanzhang’s heavy penalties doctrine. With horizontal and longitudinal comparison, we can clearly make readers understand the context of the situation and development of the early Ming legislation. The fourth part:roots of Zhu Yuanzhang’s "punishment with heavy penalties" Thoughts. In this chapter, the author sought by two aspects, social realities of the ending of Yuan Dynasty and beginning of Ming Dynasty and the emperor’s own factors to analyze its emergence and development of "punishment with heavy penalties" Thought. Among the social situation, it include four aspects: breakdowns of the main national system in late Yuan Dynasty, Uprising in the ending of Yuan Dynasty and beginning of Ming Dynasty, expansion of power of officials in central government and local forces in the early Ming Dynasty, corruption of officials. The emperor’s own factors mainly include two aspects, one is the simple ideas of governance brought its peasant origins, that "torture draconian measures" can guarantee "ruling clarification", peace and prosperity. The second aspect is the subjective that emperor wanted to build a "never die" dynasty and the law for the future generations, therefore, to clear the way through the heavy penalty.The fifth part:the role of heavy penalties doctrine in the early Ming legislation and its significance. The law in early Ming made by heavy penalties doctrine plays an active role in a certain period and a certain degree. For example, it rapid quelled the chaos of the ending of Yuan Dynasty and beginning of Ming Dynasty, making the social production has been restored; in certain extent, it limited and deterred the corrupt behavior of officials to make social justice a certain extent maintained. However, simply relying on torture law to maintain a cool fair and stable society, but not the rest of the system and the corresponding measures to regulate and safeguard can only be futile. In particular, relies entirely on the development and implementation of a legal person to perform legal authority itself, while law enforcement can determine their own preferences arbitrarily changed laws are impossible to achieve lasting and effective social effects. In the late Ming Dynasty appeared no less favorable than any dynasties in Chinese history as well as corruption phenomenon sweeping the nation and eventually the peasant war overthrowing finally Ming regime have proved this point. I think this is what we should draw meaning from consequences of "punishment with heavy penalties," thought in early Ming Dynasty legislation.