Book Details

Chinese Law and Chinese Society

Chinese Law and Chinese Society

Qu Tongzu / The Commercial Press /December 1, 2010

The book "Chinese Law and Chinese Society" is written by Qu Tongzu and deeply explores the basic spirit and main characteristics of ancient Chinese law. The book points out that the core of ancient Chinese law lies in the concepts of familialism and class, which are intertwined and form the basis of Confucian ideology. The book analyzes in detail the close connection between ancient law and social structure, family system, class relations, etc., and reveals the important position and role of law in ancient society. Through reading this book, readers can have a deeper understanding of the uniqueness and profound heritage of ancient Chinese legal culture, as well as the relationship between law and various aspects such as society, politics, and culture. This book has important reference value for the study of ancient Chinese law and society, and is also a must-read for understanding Chinese traditional culture and history.


Outline Notes

Abstract of "Chinese Law and Chinese Society"Chapter 1: Introduction1.1 Research Background and Purpose - Research Background: The ancient Chinese legal system is closely related to the social structure, and understanding the law requires considering the social background. - Research Purpose: Analyze the relationship between Chinese law and society and explore the role of law in traditional society. 1.2 Research Methods and Analytical Framework - Research Method: Use historical document method and comparative research method. - Analytical Framework: Combine law with social phenomena to explore the social and economic factors behind the system. Chapter 2: Family and Law2.1 Legal Positioning of Family System - Familialism: The family is the basic unit of society, and the interests of the family are paramount. - Legal Expression: The law protects family property, inheritance rights, etc. 2.2 Marriage Law and Family Structure - Marriage Law Provisions: Arranged marriages and marriage between people with the same surname reflect family concepts. - Divorce and Remarriage: Legal provisions are subject to family and social constraints. 2.3 Kinship and legal responsibility - Protecting relatives: There are provisions for reducing or exempting punishment for crimes committed by relatives. - Collective responsibility system: Family members bear joint responsibility for the offender. Chapter 3: Class and law3.1 Legal manifestation of social class - Legal inequality: People of different identities have unequal rights and obligations in law. - Officials and civilians: Officials enjoy privileges, and civilians are strictly bound by the law. 3.2 Distinction between the good and the bad and its modern significance - The good and the bad system: The law divides the good and the bad, and the treatment is completely different. - Modern significance: Traditional class concepts affect the construction of the concept of fairness in modern society. 3.3 Law and social mobility - Imperial examination and legal social class: The imperial examination is a way to change social status. - Legal restrictions: Even if you pass the imperial examination, the law still restricts social mobility. Chapter 4: The Status of Witchcraft and Religion in the Law4.1 The Reflection of Witchcraft in the Law - Divine Judgment: Using supernatural means to determine the facts of a crime and the person responsible. - Witchcraft Trial: Performing witchcraft rituals on suspects to confirm their innocence. 4.2 The Legal Effect of Religious Rituals - Integration of Religion and Law: Certain religious rituals become part of the legal process. - Divine Judgment: Relying on gods to judge right and wrong. 4.3 Legal Restrictions on Witchcraft and Religion - Restrictive Measures: With the development of society, the law gradually restricts the influence of witchcraft and religion. - Conflict between Science and Superstition: Technological progress has promoted the re-evaluation of such phenomena by the law. Chapter 5: The Relationship between Confucianism and Law5.1 Confucius and His Legal Thoughts - Confucian Morality and Law: Confucius&39;s thought of governing by virtue emphasizes that morality is superior to law. - The Educating Function of Rites: Rites serve as a bridge between morality and law. 5.2 The process of Confucianization of Han Dynasty law - Spring and Autumn Judgment: Judgment based on the meaning of the Spring and Autumn Annals, emphasizing moral judgment. - Virtue is the main and punishment is the auxiliary: Confucian principles reflected in the implementation of Han Dynasty law. 5.3 The influence of Confucianism in legal practice - Confucian scholars participate in judicial decision-making: Confucian intellectuals participate in judicial decision-making and influence the implementation of law. - Leniency of law: Laws under the influence of Confucianism tend to be lenient and humane.


Catchy Sentences

I have selected the following wonderful sentences or paragraphs for the book Chinese Law and Chinese Society. Some of these sentences or paragraphs are profound, some are unique in perspective, some are beautiful in language, some are full of wisdom, and some are creative. I hope they can help readers better understand the book. 1. "The main characteristics of ancient Chinese law are manifested in familialism and class concepts." This sentence profoundly summarizes the two core elements of ancient Chinese law and reveals the close connection between law and social structure. 2. "The relationship between law and society is like that between a tree and soil: the tree of law cannot grow apart from the soil of society." This sentence uses a vivid metaphor to illustrate the interdependence between law and society. 3. "In the process of law implementation, emotion, reason and law are often intertwined and difficult to separate." This sentence reveals the complex interweaving of emotion, morality and legal provisions in traditional Chinese legal practice. 4. "The combination of ritual and law is a major feature of the ancient Chinese legal system, and the ritual system plays an important role in maintaining social order." This sentence emphasizes the important position of the ritual system in the ancient Chinese legal system. 5. "The ancient Chinese legal system not only reflects the will of the rulers, but also reflects the actual situation of the society at that time." This sentence reveals the dual nature of the ancient Chinese legal system from two levels. 6. "Under the influence of the family system, ancient Chinese law often adopts mediation to resolve disputes within the family." This sentence shows the profound influence of the family system on the practice of ancient law. 7. "The ancient Chinese criminal punishment system is famous for its cruelty, but to a certain extent it also reflects the deterrent effect of the law." This sentence dialectically looks at the cruelty of the ancient Chinese criminal punishment system and its legal effect. 8. "In the process of legal development, customary law often exists before written law and becomes an important reference for later lawmaking." This sentence reveals the important position of customary law in the history of legal development. 9. "The legal interpretation of ancient China often focuses on the original meaning of the text and the citation of classics, reflecting the respect for traditional culture." This sentence shows the cultural characteristics and interpretation methods of ancient legal interpretation. 10. "Laws are closely linked to social customs and moral concepts, and together they form the cornerstone of social order." This sentence emphasizes the joint role of laws, social customs and moral concepts in maintaining social order. 11. "In ancient China, the implementation of laws often depended on the personal qualities and moral concepts of local officials." This sentence reveals the rule of man in the implementation of laws in ancient China. 12. "Although the ancient Chinese legal system has its limitations, it also has certain rationality and progress under the social conditions at that time." This sentence dialectically evaluates the advantages and disadvantages of the ancient Chinese legal system. 13. "Behind the legal provisions, there are often profound social and economic relations and class struggles." This sentence reveals the social and economic motivations behind the legal provisions. 14. "The ancient Chinese legal documents, with their refined words and rigorous structure, show the unique charm of ancient legal culture." This sentence praises the literary value and artistic characteristics of ancient Chinese legal documents. 15. "In the relationship between law and religion, ancient Chinese law embodies the characteristics of secularization and maintains a certain distance from religion." This sentence explains the secularization tendency of ancient Chinese law on religious issues. 16. "After a long period of evolution and development, the legal system of ancient China has formed a unique legal system." This sentence summarizes the historical evolution and characteristics of the legal system of ancient China. 17. "In terms of the relationship between law and literature, the legal stories and precedents of ancient China provide rich materials for literary creation." This sentence reveals the close connection between law and literature. 18. "The legal education of ancient China focused on the study of classics and the analysis of cases, and cultivated generations of legal talents." This sentence introduces the characteristics and methods of legal education in ancient China. 19. "In terms of the combination of law and technology, although the legal system of ancient China lacks the support of modern technology, it also reflects the crystallization of human wisdom to a certain extent." This sentence shows the wisdom and achievements of the ancient Chinese legal system in science and technology. 20. "The legal thoughts of ancient China, such as Confucianism's 'virtue is the main and punishment is the auxiliary' and Legalism's 'rule of law', have had a profound impact on later generations." This sentence summarizes the important influence of ancient Chinese legal thoughts on later generations and reflects its profound historical significance.


Author Introduction

Qu Tongzu: Exploring the Bridge between Chinese Law and Society Qu Tongzu (1910-2008), a famous Chinese jurist and sociologist, is well-known for his in-depth research on the relationship between Chinese law and society.< This article will introduce the life and achievements of this outstanding scholar from multiple perspectives.

1.< Basic Personal Information Qu Tongzu, formerly known as Qu Jingchun, was born in Wuxi, Jiangsu.

He was born into an intellectual family and received a good education since childhood.< 2.

Education and Career Background Qu Tongzu studied at Tsinghua University in his early years, and later went to Columbia University in the United States for further studies and obtained a master's degree in law.< After returning to China, he taught at Tsinghua University, Peking University and other universities, and made great contributions to Chinese legal education.

3.< Writing Career Qu Tongzu's academic career began in the 1930s.

His first book, Chinese Law and Chinese Society (1947), explored in depth the relationship between traditional Chinese law and social structure, and is hailed as a pioneering work in Chinese legal research.< Since then, he has published many books, such as "Research on Chinese Family Law" and "Research on Chinese Marriage Law", which have had a profound impact on the history of Chinese law and social history.

4.< Work style and theme Qu Tongzu's writing style is rigorous and detailed, and he focuses on empirical research.

The themes of his works are mostly centered on the fields of Chinese legal history, family law, marriage law, etc.< , aiming to reveal the interactive relationship between law and society.

5.< Personal life Qu Tongzu's personal life is relatively low-key.

He devotes most of his energy to academic research and education.< He and his wife have two sons and a harmonious family.

6.< Social influence Qu Tongzu's academic achievements have been widely recognized at home and abroad.

His works have been translated into many languages and have had an important impact on the international legal community.< At the same time, his research results have also provided valuable references for domestic legal education and legal reform.

7.< Quotation and evaluation Authoritative media and experts generally have a high evaluation of Qu Tongzu.

The People's Daily once evaluated him as "an outstanding representative of the Chinese legal community.

" Roscoe Pound, a professor at Columbia University and a famous jurist, once said: "Qu Tongzu's research provides us with a valuable perspective to understand the Chinese legal tradition.< " 8.

Latest News Although Qu Tongzu passed away in 2008, his academic legacy continues to be passed on.< In recent years, scholars at home and abroad have re-evaluated and studied his works in order to explore the practical significance of his thoughts in the new social context.

As a pioneer in the study of Chinese law and sociology, Qu Tongzu's academic achievements and influence on future generations are self-evident.< His works and thoughts will continue to inspire generations of scholars and provide valuable inspiration for exploring the relationship between Chinese law and society.


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