Chinese and Japanese criminal codes of the 7th century: similarities and differences

Abstract

A comparative analysis of the criminal codes of ancient China and Japan is carried out. The researcher shows that the history of traditional Chinese law spans four millennia and is divided into two main stages ‒ antiquity and the Middle Ages, which are separated in the 10th century. The system of criminal responsibility, together with the purchase of gold, took shape in China back in the XX1-XV1 centuries BC. In the VIII-III centuries BC the central problem of legal thought turned out to be the administration of the state. An important role in the development of law was played by Confucius and Lao Tzu, who did not reject the use of criminal punishments in government. The criminal law of Ancient China received its own name and structure under different dynasties. After the «Canon of Laws», which consisted of 6 sections, followed the «Criminal Code of Laws from 9 chapters», later ‒ from 18 chapters, then from 12 sections. The last was the name «The name of criminal punishments and the rules of their application», which turned out to be inherited by the Tang dynasty. The author concludes that there are inherent similarities and differences. The first include the formation of the criminal law of both countries on the principles of Confucian-legalist ideas, the basis of which was the management of the state and society, the multistage process of this process, the pursuit by its creators using criminal law of one goal: ensuring the unity of the state, the strength and authority of the central government and stability in society ... The unit of redemption is the same: 596 and 600 grams of copper, the number of types of punishments: 5 versus 5, the amount of redemption from them: 1-5 jing versus 1-5 kin. The differences lie in the independent emergence of Chinese law, and Japanese law under the decisive influence of Chinese law. The formation time of Chinese law exceeded a millennium, while Japanese law took only one century. The structure of the Japanese code provided for the 8 most serious crimes against the 10 in the Chinese document. It does not contain the comments that are actually given in the Shotoku Constitution, Taika Manifesto and Taiho Re. Taiho ritsu did not mention the two most serious crimes at all: «disagreement between relatives» and «incest». 6 out of 8 of these crimes were called differently and only 2 of the latter coincided with the Chinese; «Great disrespect» (item 6) and «breach of duty» (item 8). In general, despite the differences noted, the formulation of the content of the most serious crimes by both codes was identical.