| According to existing historical literatures, Lv Xing of the West-Zhou Dynasty is the oldest criminal code of our country. The thoughts, systems and principles reflected in Lv Xing provide for us dependable sources to research on the legislation of the West-Zhou Dynasty, and have direct or indirect impact on the criminal law of later dynasties.According to Lv Xing, moral education and criminal punishment were both necessary to govern countries, and criminal punishment could also avail moral education. On the other hand, governors should apply different systems of criminal punishment according to different demands. When social contradictions are acute, heavy punishment should be applied, and when social contradictions are abated, light one should be applied. Moreover, governors should select wisdoms for law enforcement.As to legal systems, Lv Xing established formally five kinds of punishment, which were the trunk of punishment system. These kinds of punishment were mainly against body, though their sphere of application was more and more limited in later dynasties, they were held on throughout the whole feudal societies. Lv Xing explained also the trial system, that is, facts should be determined by inference from the words, expression, air and so on of witnesses and the accused. According to Lv Xing, one could be exempted from punishment by paying some money to the governor. These systems have also been inherited by later dynasties. Furthermore, the convicting and sentencing principles of analogy and join of punishments for plural crimes sprouted also from Lv Xing. If there were not express provision concerning the specific criminal act, existing analogous provision could be applied for conviction and sentence. If one person committed two or more crimes, he should be convicted and sentenced according to the heavy crime. |
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