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A study on the change and development of law history in ancient China

Chun, Young-mi 1

1성신여자대학교

Candidate

ABSTRACT

Generally, in oriental political history Soon-ja and Sang-ang are often mentioned when considering the change of laws: the change from the rule of courtesy to being against the rule of courtesy. Soon-ja seemed to be the role of bridge connecting a confucianist with Bub-ga because he tried to establish humane order by physical forms. Also Sang-ang helped Hyo-gong carry out the change of laws based on Hun-gong(the king of Jin)’s reform, so that Jin which used to be a savage country became the first country to have the centralizing system among seven powerful countries of the age of civil wars. And he contributed to make Jin a powerful country by achieving a wealth country and a powerful army through the policy of farming and war. Also he was considered as a contributor to build a base for the emperor Qin Shihuang’s domination of the whole world. However, the change and the development of laws was not attempted for the first time by the thinkers with complete knowledge of laws. This could be through formation of monetary penalty system in the process of Ju’s development of commercial business and the circulation of money. It should be noted that this change continued in Chunchu era and operated in Jung which had the development of commercial business. Therefore, in this paper I will reexamine the existing assertion that the change and the development of laws was remarkably made by thinkers with complete knowledge of laws in the age of civil wars. And my goal is to find out the start and the spread of the change of laws in Ju’s monetary penalty system and Jung’s enactment of the written law. Besides, it is noted that Jung’s enactment of the written law means the establishment of national order through right protection for subjects and detached law enforcement. And Jung achieved the development of laws at high levels which coincides with enactment of laws and its purpose of modern society. I will make it clear that independent legal character could be formed, based on this kind of change, due to generalization of regulations by criminal law in Sang-ang’s time.

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