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History of state and law of foreign countries. Ancient China (most important)

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Ancient China

The emergence of the state in ancient China is associated with the fact that in XVIII century BC uh. union of tribes known as Yin, completed the conquest of another tribal union. The head of the victors became "king".

Archaeological data testify that all types of agricultural equipment of that era are widely used in the Yin state:

1) a plow and a plow (with a metal coulter);

2) harrow;

3) hoe, etc.

Agriculture has become the main industry. There are crafts, trade and money circulation.

A great contribution to the development of Chinese statehood was made by a dignitary Shan Yan. Yes, in the middle 4th century BC uh. On his initiative, a reform was carried out, as a result of which:

1) the free sale and purchase of land was legalized;

2) men living in the same house and leading a common household were ordered to separate;

3) in the course of the said reform, the old districts were also liquidated and a new division was introduced everywhere. There were such units of administrative-territorial division as counties. In the interests of government control over the population, mutual responsibility was preserved and strengthened.

Every five peasant families made up the original cell - the so-called. five-yard. It was headed by a headman, responsible to the state for the behavior of each of his people. Further, five five-yards made up a “village”, five “villages” - a clan, etc. This principle of “fives” was transferred to the army, where the soldiers were bound by mutual responsibility. In this case, all five were responsible for the offense of one. Characterizing Chinese criminal law, it should be noted that it has finally established principle of group responsibilitywhen the punishment was extended to the innocent. AT 209 BC uh. A huge uprising broke out. The result of this internal unrest was the overthrow of the existing ruling dynasty Qin. A certain weakening of the position of the peasants was also noted. In this case, the slaves were freed, and the communities were given back the right to choose their own elders. In the field of law, a mitigation of criminal sanctions has been noted. To sum up the above-mentioned transformations in China, it should be said that the reforms Shang Yana were successful. The disintegration of the community was inevitable and natural. The state, in turn, only contributed to this process.

It should be noted that Ancient China is a typical example of oriental despotism.

China was divided into regions and counties, headed by two officials:

1) civil governor;

2) military governor.

Considering the state structure, it should be borne in mind that the intervention of the central government in the affairs of government has become all-encompassing. Taxation and tax policy are distinguished by detailed thoughtfulness and clear regulation.

During the reign of the Han dynasty (II century BC - II century AD), the following is introduced into the state practice of China:

1) sale of positions;

2) a system for filling positions after passing an exam.

These measures made it easier for merchants, usurers, and wealthy artisans to penetrate the state apparatus to the detriment of the old nobility and forever closed access to management to people from the people. In the last centuries BC and in the first centuries of the new era, Chinese society and the state developed along the path from slavery to feudalism. Slaves were planted on the land, peasants were transferred to the category of tenants and dependent workers.

In 18 BC. e. as a result of the popular uprising, slavery in China:

1) part of the slaves was freed,

2) a law was passed prohibiting the killing of slaves without trial.

Author: Selyanin A.V.

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