Communications in Humanities Research

- The Open Access Proceedings Series for Conferences


Communications in Humanities Research

Vol. 17, 28 November 2023


Open Access | Article

Familyism in Ancient Chinese Criminal Law

Mengru Zhang * 1
1 Shandong Normal University

* Author to whom correspondence should be addressed.

Communications in Humanities Research, Vol. 17, 126-133
Published 28 November 2023. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Mengru Zhang. Familyism in Ancient Chinese Criminal Law. CHR (2023) Vol. 17: 126-133. DOI: 10.54254/2753-7064/17/20230878.

Abstract

Ancient China adhered to the principle of "family-state congruence" in governance, with familyism playing a significant role in maintaining feudal rule. As ancient Chinese law, particularly criminal law, developed, it gradually integrated with familyism, becoming a distinctive feature of the Chinese legal system. By studying the reasons and manifestations of the fusion of familyism and criminal law, insights can be gained to support modern legal governance.

Keywords

family, familyism, kin-based offenses, legal Confucianization

References

1. Qu, T. (2010). Chinese Law and Chinese Society. Beijing: Commercial Press.

2. [Western Han] Compiled by Dai Sheng and annotated by Hu Pingsheng. (2017). The Book of Rites. Beijing: Zhonghua Book Company.

3. [Ming] Song Lian. (1976). History of the Yuan Dynasty. Beijing: Zhonghua Book Company (Critical Edition).

4. Zhangjiashan Bamboo Slips Tomb Compilation Group. (2002). Zhangjiashan Han Tomb Bamboo Slips. Cultural Relics Publishing House.

5. [Tang] Compiled by Chang Sun Wuji and collated by Liu Junwen. (1983). Tang Lu Shu Yi. Beijing: Zhonghua Book Company.

6. [Qing] Zhu Qingqi. (2007). Collected Cases of Criminal Law. Beijing: Law Press.

7. [Qing] Shen Jiaben. (1985). A Study of Historical Criminal Laws. Beijing: Zhonghua Book Company.

8. [Han] Ban Gu. (1962). History of the Han Dynasty. Beijing: Zhonghua Book Company.

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. Authors who publish this series agree to the following terms:

1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this series.

2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this series.

3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See Open Access Instruction).

Volume Title
Proceedings of the International Conference on Global Politics and Socio-Humanities
ISBN (Print)
978-1-83558-167-4
ISBN (Online)
978-1-83558-168-1
Published Date
28 November 2023
Series
Communications in Humanities Research
ISSN (Print)
2753-7064
ISSN (Online)
2753-7072
DOI
10.54254/2753-7064/17/20230878
Copyright
28 November 2023
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated