The right of medieval China

1) property relations

2) family law

3) inheritance law

4) criminal law

5) litigation(Судебный процесс)

1 The main types of property rights in China were state and private property. A special kind of property was church property (owned by the Buddhist and Taoist monasteries).

Communal ownership of land has ceased to exist in China in ancient times.

Collective ownership of land had the form of family or ancestral property, allocated to maintaining cult of ancestors(предков) and the communal cemeteries(общинные кладбища).

Property mortgage contracts have the following characteristics:

● the pledger(залогодатель) under mortgage lands for a long time not lost on the mortgaged land ownership, while maintaining the right to buy the land after the expiration of term the payment of the debt, as the alienation of family property was allowed only in cases of extreme need, with the right to repurchase. Mortgagee could not dispose the land, even if the contract provides for the loan to sell land. Failure to pay the debt to sell the land was to be offered first to relatives, neighbors, then the mortgagor. In case of nonpayment the debt selling land was to be offered first to relatives and then their neighbors mortgagor;

● Chinese law is different from the loan agreement. Loan agreement - transferring the certain thing, failure to return which entailed the criminal liability. Sales contract had a special place in the Chinese mandatory law. The main condition for his reality was the agreement parties. Purchase and sale the deed required the compiling. Failure to maintain a the deed punishable beating canes. Upon the sale of people had to be evidence that the person selling the birth was personally free;

2. Family law was based on the principles of Confucian morality. Marriage is seen as a debt the fulfillment of which serve the interests of the family, requirements of the ancestral cult. The purpose of marriage was to get male progeny. The age of marriage for men age -15-16 years for women 14-15 years. Prohibits marriage of free slaves, agnate to any degree, with a person wearing the same surname.

Divorce in China permitted by mutual consent of the spouses. Husband could ask for a divorce in the case of infertility wife, debauchery, talkativeness, tendency to steal. Wife can seek divorce if her husband left her for more than 3 months. was selling into slavery.

3 .Inheritance was of a general succession as heirs accompanied by responsibility for the debts of the deceased. Separately, inherited rank, if it was handed down, and

the property of the deceased, relatives passing. Rank could be inherited only the

eldest son. Married daughters had no right to inherit, unmarried daughters received half the proportion of brothers. The father had no right to deprive the son of inheritance, as well as increasing the share of a son by another.

In the area of ​ ​ criminal law, the medieval Chinese Confucian ideology prevailed over the concept Legist.

Vague boundaries of moral norms and the lack formulated

Rowan-in-law of the legal concept of strict separation prevented magnetization in the right form of guilt, and therefore at punishing used use categories such as ignorance, inadvertence, negligence, forgetfulness, error.

The legislation was not aware of the Institute-defense, but exempt from liability next of kin, who defended from attack by the father, mother, grandfather, grandmother, explaining the negative effects these actions (up to killing the attacker) in that they were not motivated criminal will.