The Legal Communication Activities In Ancient China

As a special code of conduct,law plays an important function of punishing crimes,maintaining social order and maintaining social stability.In ancient China,the law was an important tool for the ruling class to educate the people and consolidate the regime.The importance of law for the state is self-evident.However,the law does not automatically act spontaneously in society,the popularization and application of law,the cultivation and formation of legal consciousness,the construction of the rule of law society,all need to rely on legal communication to achieve.Ancient China's legal communication activities have a long history of tradition,after the Xia Shang Zhou to the Ming Qing Dynasties nearly four thousand years of development and evolution,accumulated a lot of valuable experience and results,has a very important research and explore the value.The purpose of this paper and the scope of the study are to focus on the Xia,Shang and Zhou dynasties to the Ming and Qing dynasties in ancient China,to the national legal dissemination as the main object of study,to explore the background of different times under the legal communication activities of the particularity,found between the dynasties of law dissemination of the way of inheritance and innovation,interpretation of the ancient Chinese law dissemination activities of the universal law.This paper mainly uses the following three research methods:the literature research,the comparative analysis,and the interdisciplinary research.In this paper,the time axis as a vertical clue to "official" and "on the people" two transmission path for the horizontal clues,the research content is divided into four parts:The first part of the pre-Qin 's legal spread.Compared with the historical period,the pre-Qin period is still in the stage of the development of national civilization development,but in such a period of time,the legal spread has undergone a series of very important epoch-making changes.First,the transition from the invisible method to the tangible law has changed the main mode of legal communication-from oral communication to graphic communication,which greatly enhances the accuracy of legal communication,expanded the scope of time and space,but also laid the foundation for the subsequent establishment of normative legal texts;Second,it has undergone a transition from secret law to written law,the law was cultivated and fixed,the subject,content,object and way of legal communication also be changed;Third,the changes in the political system during the Spring and Autumn Period,the decline of the slave-owners' aristocracy and the rise of monarchy,corresponding to it,the mode of law administration is transformed from aristocratic judicial tide to national judicial monopoly,basically laid the foundation of the future development of China's rule of law.The second part,the Qin and the Song and Yuan Dynasties spread the law.The legal system of the Qin dynasty inherited the legal system of Qin in the Warring States Period,inherited the tradition since Shangyang,the state has further strengthened the ideological control of the subjects,not only for the whole society to implement the "law to teach,to officials as a teacher" legal education policy,but also within the bureaucracy of the implementation of legal polities,whether it is "clear study of the law" as a distinction between good officials,evil officials of the important criteria.Liu Bang learned the lessons of the destruction of the Qin Dynasty,at the time of entry into the country,with the local people "about three chapters".In the process of law,Liu Bang was the founder of the law,Guanzhong people were also legislative participants and communicators,he gave the people a certain legislative right,which was an effective means to win the hearts of the people.After the reunification of the Han Dynasty,the publication of legal decrees mainly relies on the form of "Bian Shu",that is,the law engraved on the board and hanging in the conspicuous height,so that people know.As for the legal education for officials inside,mainly in the official school.After the Han Dynasty,the court for the ordinary people of the law spread basically no change,but there have also been some innovations in the way of law-laundering within officials,such as the doctor of the Wei and Jin dynasties,the Tang Dynasty imperial examinations and the Song Dynasty Di Newspaper.The third part,the rise of legal communication in the Ming Dynasty.Ming emperor Zhu Yuanzhang attaches great importance to the propaganda work of the law,so the legal communication in the Ming Dynasty presents a more diversified and active situation.The"read the law" entry in the Ming dynasty statute is designed to promote the law."Read the law" is the focus of the object is the bureaucrats at all levels,familiarity with the law is an important indicator of official year-end assessment.At that time,the Ming Dynasty bureaucracy also popular within a more practical guidance class books,which named the Guan Zhen Book.Ming Dynasty official book focus on practicality and operability,for the official work encountered in the specific administrative and judicial issues have a lot of practical experience and skills to teach.The legal communication activities of the Ming Dynasty towards the people were also massive and varied in form.The fourth part,the development of legal propaganda in the Qing Dynasty.The legal system is generally inherited from the Ming Dynasty,the content and system are basically the same,the details of the expansion.The legal propaganda policy of the Qing Dynasty facing officials was basically followed from the Ming Dynasty,including the "read the law" and the official application of the book.The legal communication of the Qing Dynasty towards the people,on the one hand,through the emperor issued the oracle and in the township rallies gathered in the form of prayer to complete the legal education for the people of the people,on the other hand,through the lawful disclosure of legal summary,special regulations and case rulings in the form of legal enforcement of local law and order.By carefully combing the historical context of the ancient Chinese legal communication activities,this paper draws the following conclusions:First,the content of the spread of ancient Chinese law,in addition to the law code,but also includes the emperor edict,decrees,notices and arbitral tribes with a number of official mandatory.Second,based on the main body of communication,the legal spread of ancient China can be divided into three categories:national communication,folk communication and scholar communication.In these three basic modes of communication,the state spread in the absolute dominant position,and the emperor edict is the core of national communication.Thirdly,the legal communication activities of ancient China were monopolized by the ruling class,and its actual effect was influenced by the emperor's personal policy preference.Fourthly,the legal communication activities of ancient China were essentially the services of the ruling class,and the feudal rulers used to consolidate the feudal autocratic rule.