中国法律

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中国的法系,一直从远古以降发展到20世纪西方社会主义法系(另见苏维埃法)引进为止。现存最古老而完整的中国法典编纂於西元653年的唐朝统治期间。传统的中国法律受到儒家学说和法治主义者(或称法家)的原则所影响。前者容许每个人因其地位和环境的差异,可以在道德行为上有所变异;但法家则强调必须依照一致与客观的标准。皇帝在世间的神圣角色对法律也有所影响。俗世领域若发生纷扰不安,皇帝被认为需要向上天负责。只要有灾异发生,一般认为透过惩罚的方式,就可回复宇宙的平衡。所有臣民皆负有义务向地方司法官署指控任何不当的作为。司法官员在研究案件的事实後,采用刑法来裁定惩罚的方式,包括使用杖打和各种酷刑。律师这一类的专业辩护者,从未在中国有所发展。即便在20世纪共产党的统治之下,传统法律仍持续发挥影响力。

Chinese law

Law that evolved in China, from the earliest times until the 20th century, when Western socialist law (see Soviet law) was introduced. The oldest complete Chinese law code extant was compiled in AD 653 during the Tang dynasty. Traditional Chinese law was influenced both by Confucianism, which allowed variability in moral conduct according to status and circumstances, and by Legalist, or Fajia, principles, which stressed reliance on uniform objective standards. The emperor's divine role in the universe also affected law. The emperor was considered responsible to Heaven for any disturbance in the earthly sphere; whenever a disturbance occurred, punishment was considered a means of restoring the cosmic equilibrium. All citizens had an obligation to denounce wrongdoers to the local magistrate's office. The magistrate studied the facts of a case and, using the penal code, determined punishments, including beatings and torture. A profession of advocates, or lawyers, never developed in China. Traditional law continued to exert an influence even under the Communists in the 20th century.

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