Abstract
In Ancient China, the absolute monarchy centered on the king had been established ever since China entered into the class society and the states were founded; therefore, it was of a long standing. It was recorded in the documents of Shang (1600 B.C.–1046 B.C.) and Zhou dynasties (1046 B.C.–771 B.C.) that the words of “Yu Yi Ren” (Tian Zi: the son of Heaven or the emperor) was particularly used by the king to refer to himself and to symbolize his supreme position and absolute privilege. All the national activities, such as punitive expeditions, sacrifices, etc., were named “Wang Shi” (the king’s affairs) to suggest that the king was the state, and that the king and the state were an organic whole. In the oracle inscriptions of the Shang Dynasty on tortoise shells or animal bones, the words like “Wang Ming” (the king’s commands), “Wang Ling” (the king’s orders), and “Wang Hu” (the king’s words) could be found repeatedly, which had indicated that the national affairs were conducted according to the orders of king who not only had the supreme administrative and military power, but the supreme legislative and judicial power.
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Notes
- 1.
“Wang Zhi” (The Royal Regulations) in Xunzi.
- 2.
“Tai Shi Gong Zi Xu” (Preface by Tai Shigong himself) in Shi Ji (The Records of the Grand Historian).
- 3.
“Bei Shan” (Decade of Bei Shan) in “Xiao Ya” (Minor Odes of the Kingdom) in Shi Jing (The Book of Songs).
- 4.
“Zhao Gong Qi Nian” (The 7th Year of Lu Zhao Gong) in Zuo Zhuan (The Chronicle of Zuo).
- 5.
“Huan Gong Er Nian” (The Second Year of Duke of Huan) in Zuo Zhuan (The Chronicle of Zuo).
- 6.
“Gan Shi” (the military order issued at Gan) in Shang Shu (The Book of Historical Document).
- 7.
“Tang Shi” (an order issued by the king Tang of Shang Dynasty when attacking the state of Xia) in Shang Shu (The Book of Historical Document).
- 8.
“Gao Tao Mo” (Counsels of Gaotao) in Shang Shu (The Book of Historical Document).
- 9.
“Zhao Gong Liu Nian” (The 6th Year of Lu Zhao Gong) in Zuo Zhuan (The Chronicle of Zuo), annotated by Kong Yingda.
- 10.
“Yin Gong Yuan Nian” (The First Year of Duke of Yin) in Gong Yang Zhuan (The Biography of Gongyang).
- 11.
“Cheng Gong San Nian” (The Third Year of Duke of Cheng) in Zuo Zhuan (The Chronicle of Zuo).
- 12.
“Bei Shan” (Decade of Bei Shan) in “Xiao Ya” (Minor Odes of the Kingdom) in Shi Jing (The Book of Songs).
- 13.
“Qin Shi Huang Ben Ji” (Records of Qin Shi Huang) in Shi Ji (The Records of the Grand Historian).
- 14.
“Han Gaozu Ben Ji” (Records of Emperor Han Gaozu) in Shi Ji (The Records of the Grand Historian).
- 15.
“Yao Shun Tang Wu” (Yao, Shun, Shang Tang and King Wu of Zhou) in Chun Qiu Fan Lu (The Luxuriant Dew of Spring and Autumn Annals).
- 16.
“Wei Ren Zhe Tian” (The Mandate of Heaven) in Chun Qiu Fan Lu (The Luxuriant Dew of Spring and Autumn Annals).
- 17.
Yi Shu (The Posthumous Papers), Vol. 5.
- 18.
Cai Han, Du Duan (Making Arbitrary Decisions), Vol. 1.
- 19.
Noboru Niida, Tang Ling Shi Yi (An Interpretation of the Orders of Tang Dynasty), translated by Li Jing et al., Chang Chun Publishing House, 1989, p. 400.
- 20.
Noboru Niida, Tang Ling Shi Yi (An Interpretation of the Orders of Tang Dynasty), translated by Li Jing et al., Chang Chun Publishing House, pp. 400–401.
- 21.
Ibid., p. 504.
- 22.
“Taboos in Presenting Memorials” in “Zhi Zhi (The State Office System)” in Tang Lv Shu Yi (The Comments on Tang Code).
- 23.
“Li Yue” (Rites and Music) in Zhen Guan Zheng Yao (Essentials about Politics from Zhen Guan Reign).
- 24.
“Qin Shi Huang Ben Ji” (Records of Qin Shi Huang) in Shi Ji (The Records of the Grand Historian).
- 25.
Noboru Niida, Tang Ling Shi Yi (An Interpretation of the Orders of Tang Dynasty), translated by Li Jing et al., Chang Chun Publishing House, p. 534.
- 26.
“Su Suntong Zhuan” (The Biography of Su Suntong) in Han Shu (The History of Former Han Dynasty).
- 27.
Ibid.
- 28.
“Ping Zhun Shu” (On Fair Trade) in Shi Ji (The Records of the Grand Historian).
- 29.
“Yuan Jun” (On Monarchs) in Ming Yi Dai Fang Lu (Waiting for Dawn).
- 30.
“Li Si Lie Zhuan” (The Biography of Li Si) in Shi Ji (The Records of the Grand Historian).
- 31.
“Xuan Di Ji” (The Biography of Emperor Xuan) in Han Shu (The History of Former Han Dynasty), annotated by Wen Ying.
- 32.
“Du Zhou Zhuan” (The Biography of Du Zhou) in Han Shu (The History of Former Han Dynasty).
- 33.
“Xing Fa Zhi” (The Record of the Criminal Law) in Ming Shi (The History of Ming Dynasty).
- 34.
“Shen Fa” (Prudent Enforcement of Law) in Shang Jun Shu (The Book of Lord Shang).
- 35.
“Jian Dang” (Cliques of Traitors) in “Li Lv” (Statute on the Regulation of officials) in Da Ming Lv Ji Jie Fu Li (Great Ming Code with Collected Commentaries and Appended Sub-statutes).
- 36.
“Li Lv” (Statute on the Regulation of officials) in Da Ming Lv Ji Jie Fu Li (Great Ming Code with Collected Commentaries and Appended Sub-statutes).
- 37.
“Unauthorized Selection of Officials by High Officials” in “Li Lv” (Statute on the Regulation of officials) in Da Ming Lv Ji Jie Fu Li (Great Ming Code with Collected Commentaries and Appended Sub-statutes).
- 38.
“Jiao Jie Jin Shi Guan Yuan” (Colluding with Imperial Attendants) in “Li Lv” (Statute on the Regulation of officials) in Da Ming Lv Ji Jie Fu Li (Great Ming Code with Collected Commentaries and Appended Sub-statutes).
- 39.
Ming Shi Ji Shi Ben Mo (Historical Records of Ming Dynasty), Vol. 13.
- 40.
Noboru Niida, Tang Ling Shi Yi (An Interpretation of the Orders of Tang Dynasty), translated by Li Jing, et al. Chang Chun Publishing House, p. 136.
- 41.
“Shan Fa Bing” (Dispatching Military Troops without Authorization) in “Shan Xing Lv” (Laws for the Punishment of the Conducts Unauthorized by Imperial Decrees) in Tang Lv Shu Yi (The Comments on Tang Code).
- 42.
“Shan Fa Bing” (Dispatching Military Troops without Authorization) in “Shan Xing Lv” (Laws for the Punishment of the Conducts Unauthorized by Imperial Decrees) in Tang Lv Shu Yi (The Comments on Tang Code).
- 43.
Fan Jun, “Wu Dai Lun” (On the Five Dynasties) in Xiang Xi Ji (Collections of Xiang Xi), Vol. 4.
- 44.
“Xing Fa Zhi” (The Record of the Criminal Law) in Han Shu (The History of Former Han Dynasty).
- 45.
“Wang Jia Zhuan” (The Biography of Wang Jia) in Han Shu (The History of Former Han Dynasty).
- 46.
“Wu Di Ji” (Records of Emperor Wu) in Zhou Shu (The Book of Zhou Dynasty).
- 47.
“Zhe Yin Zhi Chi Duan Zui” (Citing the Imperial Decrees in Making Judgments) in “Duan Yu” (Trials and Punishments) in Tang Lv Shu Yi (The Comments on Tang Code).
- 48.
“Si Qiu Fu Zou Bao Jue” (Memorials to the Emperor about Convicts Sentenced to Death) in “Duan Yu” (Trials and Punishments) in Tang Lv Shu Yi (The Comments on Tang Code).
- 49.
“Xing Fa Zhi” (The Record of the Criminal Law) in Song Shi (The History of Song Dynasty).
- 50.
“Sheng Zu Ben Ji” (Records of Emperor Sheng Zu) in Qing Shi Gao (The History of Qing Dynasty).
- 51.
“Shizong Xian Huang Di Shang Yu” (Imperial Edicts of Emperor Shizong) in Da Qing Lv Li Tong Kao Jiao Zhu (Notes on the Textual Research of the Laws and Precedents of Great Qing), China University of Political Science and Law Press, 1992, p. 200.
- 52.
Qin Ding Tai Gui (The Rules for the Censorate by Imperial Order), Vol. 14.
- 53.
“Gui Chong Jing Chuan Fu Deng Zi Rong Zhuan” (The Biography of Gui Chongjing and Deng Zirong) in Jiu Tang Shu (The History of Old Tang Dynasty).
- 54.
“Qin Shi Huang Ben Ji” (Records of Qin Shi Huang) in Shi Ji (The Records of the Grand Historian).
- 55.
“Yan An Zhuan” (The Biography of Yan An) in Han Shu (The History of Former Han Dynasty).
- 56.
“Shi Huo Zhi” (Records of Food and Commerce) in Sui Shu (The History of Sui Dynasty).
- 57.
“Zhi Guan Yi” (State Officials, Part 1) in Xu Wen Xian Tong Kao (A General Textual Research of the Extended Documents).
- 58.
Montesquieu, Fa Yi (The Spirit of the Laws), The Commercial Press, 1993, p. 154.
- 59.
“Xiu Quan” (On the Usage of Power) in Shang Jun Shu (The Book of Lord Shang).
- 60.
“Fa Fa” (On Observing the Law) in Guan Zi (The Book of Master Guan).
- 61.
Ibid.
- 62.
“Zhang Min Zhuan” (Biography of Zhang Min) in Hou Han Shu (The History of Latter Han Dynasty).
- 63.
“Xing Fa Zhi” (The Record of the Criminal Law) in Jin Shu (The History of Jin Dynasty).
- 64.
“Zhang Shizhi Zhuan” (The Biography of Zhang Shizhi) in Han Shu (The History of Former Han Dynasty).
- 65.
“Gong Ping” (Impartiality) in Zhen Guan Zheng Yao (Essentials about Politics from Zhen Guan Reign).
- 66.
“Xing Fa Zhi” (The Record of the Criminal Law) in Sui Shu (The History of Sui Dynasty).
- 67.
“Gaozu Ji” (The Biography of Emperor Gaozu) in Sui Shu (The History of Sui Dynasty).
- 68.
“Jun Chen” (Kings and Ministers) in Guan Zi (The Book of Master Guan).
- 69.
“Nan Yan” (On the Difficulty of Offering Advice) in Han Feizi.
- 70.
Ibid.
- 71.
“Ba Guan” (Eight Observations) in Guan Zi (The Book of Master Guan).
- 72.
“Yuan Jun” (On Monarchs) in Ming Yi Dai Fang Lu (Waiting for Dawn).
- 73.
Fa Zheng Qian Shuo Bao (Introduction of Laws and Politics), Vol. 17, published in the third year of Xuantong, p. 19.
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Zhang, J. (2014). The Law Deriving from Monarch, the Monarchy Power Overtopping Law. In: The Tradition and Modern Transition of Chinese Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-23266-4_6
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