The Division Of Ancient Chinese Criminal Law And Administrative Law

A considerable number of scholars have pointed out that the traditional Chinese legal system has been "part of the law,the part of the civil penalty" until its disintegration.It is believed that ancient Chinese laws are a mixture of many departmental laws,and there is no specific distinction between criminal law,civil law,administrative law,and procedural law.In fact,their views are very inaccurate.First,most scholars only pay attention to the study of ancient laws,focusing on the relationship between ancient Chinese civil law and criminal law,so it is easy to enter the misunderstanding.Second,they usually think that ancient Chinese laws are laws,while ignoring the research of other forms of legal existence,and even if they do not consider them to be laws.This view is very one-sided.Ancient Chinese law is only one of the forms of law.TheTherefore,if you want to explore ancient Chinese laws,you must study the ancient laws.To explore re are other legal forms in ancient times.The most representative one is the order.the relationship between ancient Chinese criminal law and administrative law,the center must study the development of ancient Chinese legal relations.In ancient China,the law was actually within a long period of time,which was a distinction between administrative law and criminal law.During the period of pre-Qin and Qin,criminal law and administrative law existed,but the form did not freeze,and there was no clear distinction between the two.In the period of the Han Dynasty,due to the fact that the law and the order were the same in the formulation procedures and regulations,and the large number of laws and regulations,the law of the Han Dynasty was not mixed,and the combination of criminal and political affairs was closer to the form of "combination of laws and regulations".In the period of the Three Kingdoms,the Jin and the Northern and Southern Dynasties,first of all,the law began to separate in the formulation,and the law began to form a systematic code,which gradually became independent and no longer played the role of supplementary law.Secondly,in the prescribed content,the law began to gradually stipulate the criminal content,and the order gradually tended to stipulate non-criminal content,and gradually began to stipulate a large number of administrative contents,and the law began to produce a division,and the ancient criminal law and administrative law also began to divide.In the Tang Dynasty,the law and the order basically completed the division.At this time,with the promulgation of the "Tang Law Discussion",ancient China has basically formed a perfect criminal law.The system of the Tang order has gradually developed,and the administrative content has been gradually stipulated.The ancient Chinese criminal law and administrative law have also basically completed the division.One of the reasons why the Tang Dynasty basically completed the division of laws and regulations was that the political system was gradually improved and embodied in the Tang order,promoting the administrativeization of the Tang dynasty and dividing the criminal law.In addition,Tang Ling has inherited the development of the Sui Dynasty quite well.In fact,the law system of the Sui Dynasty has developed more maturely.The criminal law and the administrative law have also accelerated the division of the field,laying a good foundation for the development of the Tang Dynasty's law system.This paper attempts to analyze the division between ancient Chinese criminal law and administrative law from the perspective of legal relationship.Because firstly,the law and the order are the two most representative laws in ancient China.Therefore,studying the relationship between criminal law and administrative law will inevitably study the inertia of the law,so Japanese scholars called the "Chinese legal system" as the "system of law and order".Secondly,Although scholars have studied the relationship between law and order,but did not comprehensively explore the relationship between criminal law and administrative law,it is difficult to fully grasp the nature of ancient Chinese law.Therefore,this article combines criminal law and administrative law as the center of the law,and to some extent,it also makes up for the shortcomings of previous studies.Thirdly,The development of law and order from conflation to continuous division promotes the division of criminal law and administrative law,promotes the development and perfection of ancient Chinese rule of law,and promotes the continuous maturity of ancient Chinese law.It is an important part of studying the evolution of ancient Chinese law.