Ever since the 15th century. In China, crisis phenomena began to grow, which led to a deep decline in the country. Dissatisfaction with the ruling Ming dynasty resulted in one of the longest popular uprisings in the history of the country (1628-1644) led by Li Tzu-chyn. The Minsk government unsuccessfully tried to stop the advance of the rebels towards Beijing. In the spring of 1644, Li's troops occupied Beijing, and he himself was declared emperor.

However, the Chinese aristocracy called for help from the Manchus, who in 1644 entered Beijing and proclaimed the Manchu Qing (pure) dynasty. But only by 1683 did the Manchus subjugate all of China, and after their conquests in the 17th-18th centuries. a huge empire arose, surpassing the size of the modern PRC. Thus, many years of internal struggle led to the establishment of foreign domination, which lasted until 1911, i.e. over two and a half centuries. The long reign of the Qings is explained, first of all, by the fact that they took political power into their own hands, but completely preserved the traditional Chinese orders in the economic and social sphere. The Manchus adopted Chinese culture, and by the 19th century. they even forgot their own language.

In China, there was individual ownership of land, but due to the high population, large-scale land ownership did not develop. The average size of landed estates was 3-6 hectares, and peasant allotments - 0.3-0.6 hectares. Many peasants rented land from landlords, giving up to 70% of their crops as rent.

The basis of the social and economic life of China was the community, which was made up of kindred families. Communal lands were divided into collective and individual. The income from the collective lands went to the maintenance of the village school, temple and other charitable purposes. Lands that were in individual use could be sold and leased. A smaller part of the cultivated land belonged to the state.

In China, there was no clear class division. The only privileged stratum that stood above all classes of Chinese society were the Manchu conquerors. At the next hierarchical step were shenshi (scholars), from whom officials were recruited. Any Chinese who successfully passed the exam for a scientific degree could become a shenshi. At the same time, landlords and peasants were one class of landowners, were obliged to perform labor duties. Craftsmen and merchants united in one estate. Outside the class system were beggars, gunsmiths, slaves.

According to the political system, Qing China was an unlimited monarchy. The emperor, as in the Middle Ages, was considered a divine person and concentrated all power in his hands. There was a system of ceremonies that emphasized the supremacy of the emperor over his subjects. Under pain of death, it was forbidden to see the face of the emperor and even to pronounce his name.

During the XVII-XVIII centuries. the Chinese government carried out an aggressive foreign policy. Lands were conquered in the West and North-West: Mongolia, the Dzungar Khanate and Kashgaria in East Turkestan. In the southwest, Tibet became an object of interest for the Qing rulers, which was forcibly incorporated into the Qing Empire (late 18th century). However, in the countries of Indochina - - Burma and Vietnam, the conquerors met stubborn resistance and could not overcome it.

As a result of the aggressive policy, the territory of China was significantly expanded. At the same time, it required huge expenses. The conquest of Central Asia alone cost an amount equal to the income of the treasury for two years. Approximately one third of tax revenues went to the protection of the borders of the Qing Empire.

As a result, already in the last quarter of the XVIII century. signs of crisis and growing social tension became noticeable. The tax burden on landowners and artisans increased. There was an acute shortage of land, and lease conditions worsened. The village lower classes became impoverished, turned into landless workers, and even simply into bandits.

The central government could not stop this process of impoverishment and dispossession of land, since the state apparatus by this time turned out to be corrupt. Anti-government and anti-Manchu sentiments intensified, at the turn of the 17th-18th centuries. a wave of peasant uprisings swept the country. With great difficulty, the emperor managed to suppress these uprisings, but they further weakened China (Table 56).

Table 56

In 1644, the Manchu Qing dynasty came to power in China. Under the Qing dynasty, which relied on large Manchu and Chinese feudal lords, a despotic monarchy was created.

Chinese Emperor - - Bogdykhan - - concentrated in his hands the supreme legislative, judicial and administrative power, and also had the exclusive right to offer sacrifices and prayers to the "Supreme Heaven".

characteristic feature the reign of the Qing dynasty was a policy of isolating the country from the outside world. However, from the end of the XVIII century. the capitalist states of Europe increased pressure on China, seeking to penetrate its market at any cost. Great Britain, first of all, made attempts to get new markets and sources of raw materials. Since 1839, the British launched military operations against China, which marked the beginning of the "opium wars" of 1840-1842. It should be noted that the state bureaucracy of the Qing Empire was greatly weakened due to corruption and bribery. The army, equipped with obsolete weapons and having poor training and skills, was not able to effectively defend the empire that had grown as a result of wars of conquest, could not resist the first-class armed ground forces and fleet of England.

As a result of hostilities, in August 1842, an unequal treaty between China and England was signed in Nanjing, and in 1844 similar treaties with China were concluded by the United States and France. Under these treaties, the Qing government undertook to open five ports for English trade, pay a huge indemnity, establish preferential customs tariffs, and also grant foreigners a number of privileges, such as the right of extraterritoriality, the right to concessions, and the most favored nation principle.

In fact, the defeat of China meant its transformation into a semi-colonial country. Foreign goods undermined handicraft production, the tax burden increased, and arbitrary levies were introduced.

One of the consequences of the Opium War was Taiping rebellion, which in 1850 was organized by the Taiping religious sect (a legal Christian organization). During the uprising, a disciplined rebel army was created and the creation of the "Heavenly Welfare State" was proclaimed. After a series of major military successes, the Taipings captured Nanjing in March 1853, which was renamed the Heavenly Capital.

The leaders of the uprising in Nanjing published the Land System of the Heavenly Dynasty, which was a program document for the transformation of Chinese society and the state. It was based on the ideas of "peasant communism", ie. on the basis of equality of all members of society and provided for the distribution of land on an equalizing basis, the exemption of peasants from rent to landlords, the provision of equal rights to women, the state maintenance of the disabled, the fight against corruption, etc. Land and the main means of production were nationalized; to have significant sums of money or other large property was prohibited.

The policy of the Taipings in practice came down to reducing the rent for land from the peasants and shifting a significant part of the tax burden to the landowners and the rich. However, in 1856 strife broke out among the Taiping leadership, and in 1857 part of the rebels left for the southwestern provinces. Then, from 1862, in civil war Anglo-French interventionists took an active part on the side of the Qing government, and in July 1864 the capital of the Taipings, Nanjing, was taken by Qing troops. With the capture of the capital and the death of the main leaders, the Taiping state also ceased to exist.

The Opium Wars and the Taiping Rebellion shocked Qing China and pushed the ruling circles to recognize the need for reform. Some changes were made in the structure of state bodies, for example, the General Chancellery for Foreign Affairs was established, the system of two governors in the provinces (military and civil) was abolished; local power was concentrated in the hands of the governors. In addition, committees to restore order were established in the provinces.

In the period from the 1860s - - to the beginning of the 1880s. the emperor pursued a policy of "self-strengthening", the main purpose of which was to strengthen the existing regime. Supporters of this policy advocated closer cooperation with foreign powers, borrowing foreign experience in the modernization of the armed forces, creating their own military industry, which led to the widespread penetration of foreign powers into China. Using rights and privileges, foreigners tried to increase their political influence. As a result, in the 60s - 90s. 19th century a wave of anti-foreign speeches swept through the country, turning into anti-government ones.

Around the same time, the first Chinese capitalist enterprises began to be created. Initially, these were state-owned or state-private factories, arsenals and workshops, which were built by the provincial authorities at public expense and with the forcible attraction of funds from local merchants and landowners, and then private entrepreneurship began to develop. The capitalist structure in China fought its way through the extremely difficult conditions of the dominance of feudal relations in agriculture, arbitrariness and restrictions on the part of the authorities, competition from foreign capital, and the leading force of the emerging national bourgeoisie was large officials and landowners.

In 1895, China was defeated in a war with Japan. The actions of Western countries intensified the activity of patriotic forces. The bourgeois-landlord Reform Party, led by Kang Yuwei and representing the interests of the national bourgeoisie, came out for the modernization of the country, for carrying out reforms with the help of imperial power. In June 1898, she ensured that Emperor Guangxu (Zai Tian) issued a decree "On the establishment of the main line of state policy", and then attracted a group of young reformers - students and associates of Kang Yuwei to develop a series of radical decrees on economic issues, education, the activities of the state apparatus. This period of 1898 entered the history of China under the name "One Hundred Days of Reforms".

The ongoing reforms were objectively aimed at creating conditions for the capitalist development of China, but they were carried out in great haste, sabotaged by court circles and the bureaucratic apparatus, and, in essence, remained on paper. In September of the same year, Empress Dowager Ci Xi (Ehonala) made palace coup. Emperor Guangxu was arrested, his decrees were canceled, and the leaders of the reformers were summarily executed.

The Chinese people were extremely indignant at the reactionary policy of the Qing dynasty, so in 1905-1908. a wave of popular uprisings swept the country (Shanghai - - 1905; Central and South China - - 1906-1908). In 1910, the number of peasant revolts exceeded their number in previous years. In October 1911, the uprising of troops in the city of Wuchang ended in victory. The Xinhai Revolution began, leading to the overthrow of the monarchy and the proclamation of the Republic of China.

The Qing dynasty abdicated in February 1912, and already in April 1912 the first (temporary) bourgeois-democratic Constitution China. The subsequent events were as follows: the Nanjing Assembly of Delegates elected Yuan Shikai, the leader of the right wing of the national Chinese bourgeoisie, as the provisional president of the Republic of China, who in August 1913 established his military dictatorship in the country, and in 1914 made radical changes to the Constitution.

test questions

· What is characteristic of China in the second half of the 19th century?

· What is the "Heavenly Welfare State"?

What is the essence of the Hundred Days of Reform policy in late XIX in.?

· Why is the October 1911 uprising called the "Xinhai Revolution"?

In 1644, the Manchu Qing dynasty came to power in China, under which a despotic monarchy was created with a strong army and a well-organized, ramified bureaucratic state apparatus.

The Chinese emperor concentrated in his hands the supreme legislative, judicial and administrative power. He was an unlimited monarch, who replaced the throne hereditarily and according to the principle of primogeniture, but before his death he could choose any of his sons as his successor, and if there were none, then any of the princes of the imperial blood.

The highest state bodies of the Qing Empire were the Imperial Secretariat and the Military Council.

The supreme executive power was exercised, as before, through six departments (orders): ranks, taxes (financial), ceremonies (ceremonies), military, criminal penalties, public works.

Local government in China during the Qing Dynasty was characterized by strong power. The territory of the country was divided into provinces, and the latter, in turn, were subdivided into regions, districts and counties. Each province was headed by two governors, military and civilian, who were subordinate to the governor. Judicial power at all levels was combined with administrative.

The Qing dynasty pursued a policy of isolating the country from the outside world, but from the end of the 18th century. the capitalist states of Europe stepped up pressure on China, seeking to "open" it at any cost.

Great Britain first of all made attempts to get new markets and sources of raw materials. Since 1839, the British launched military operations against China, which marked the beginning of the "opium wars", which lasted from 1840 to 1842).

The state bureaucracy of the Qing Empire was greatly weakened due to corruption and bribery; the army, equipped with obsolete weapons and having poor training and skills, was not able to effectively defend the empire that had grown as a result of wars of conquest, could not resist the first-class armed ground forces and fleet of England. In August 1842, in Nanjing, China signed an unequal treaty with England, and in 1844 similar treaties with China were concluded by the United States and France. Under these agreements, the Qing government undertook to open five ports for English trade, pay a huge indemnity, establish preferential customs tariffs, and also grant foreigners a number of privileges.

The defeat of China marked the beginning of its transformation into a semi-colonial country. Foreign goods undermined handicraft production, the tax burden increased, and all sorts of arbitrary levies were introduced.

One of the consequences of the Opium War was Taiping rebellion, which in 1850 was raised by the Taiping religious sect (a legal Christian organization). The leaders of the uprising published the "Land System of the Heavenly Dynasty", which was a program document for the transformation of Chinese society and the state, which was based on the ideas of "peasant communism". In practice, the socio-economic policy of the Taipings was reduced to reducing the rent for land from the peasants and shifting a significant part of the tax burden to the landowners and the rich.

The strife among the leadership of the Taipings that began as early as 1856 and the active participation in the civil war of 1862 of the Anglo-French interventionists on the side of the Qing government contributed to the capture in July 1864 of the capital of the Taipings, Nanjing. The capture of the capital and the death of its main leaders marked the end of the existence of the Taiping state.

The Taiping Rebellion and the Opium Wars shocked Qing China and pushed the ruling circles to recognize the need for reform.

Some transformations were made in the structure of state bodies: the Main Office for Foreign Affairs was established; the system of two governors in the provinces (military and civil) was abolished, and local power was concentrated in the hands of governors; committees to restore order were established in the provinces.

At the same time, the first Chinese capitalist enterprises began to be created. Major officials and landlords became the leading force in the emerging national bourgeoisie. The capitalist system in China fought its way through the extremely difficult conditions of the dominance of feudal relations in agriculture, arbitrariness and restrictions on the part of the authorities, and competition of foreign capital. Since 1871, free purchase and sale of land has been allowed. Since 1872, a law on universal military service has been introduced, which undermined the monopoly right of the samurai on military service. In 1888, the government finally establishes the administrative division of the country.

The defeat of China in the war with Japan (1895) and the actions of Western countries intensified the activity of patriotic forces. The bourgeois-landlord Reform Party, which represented the interests of the national bourgeoisie, advocated the modernization of the country, for the implementation of reforms with the help of imperial power. As a result, in June 1898, the emperor issued a decree "On the establishment of the main line of state policy", and then attracted a group of young reformers to develop a series of radical decrees on issues of the economy, education, and the activities of the state apparatus. This period of 1898 entered the history of China under the name "One Hundred Days of Reforms".

The reforms were objectively aimed at creating conditions for the capitalist development of China, but they were published in great haste, sabotaged by court circles and the bureaucratic apparatus, and essentially remained on paper.

The reactionary policy of the Qing Dynasty aroused the indignation of the Chinese people. In 1905 - 1908. a wave of popular uprisings swept the country. In 1910, the number of peasant uprisings exceeded their number in previous years. In October 1911, an uprising of troops in the city of Wuchang ended in victory. The Xinhai Revolution began, leading to the overthrow of the monarchy and the proclamation of the Republic of China.

In February 1912, the Qing dynasty abdicated, and then the Nanking Assembly of Delegates elected Yuan Shikai as provisional president of the Republic of China, who in August 1913 established his military dictatorship in the country.

Questions for self-control:

1. Describe the social system of Japan in modern times.

2. Describe political system Japanese state.

3. What form of government was established by the Constitution of Japan in 1889?

4. What impact did the Meiji reforms have on the formation of a unified legislation in Japan?

5. Expand the main provisions of the Japanese constitution of 1889.

6. What is the evolution of the state-political structure of China in modern times?

7. What is the significance of the Taiping movement in the struggle of the peoples of China for their rights?

8. Describe the Chinese bourgeois reforms carried out at the end of the 19th century.

Topic 20. The state and law of China and Japan in modern and modern times.

Plan.

1. State-legal development of China in modern and modern times.
2. Chinese law.
3. Features of the state-legal development of Japan in modern and modern times.
4. Chinese law.

1 . In the Chinese feudal state, continuity has always been maintained in the structure of the state apparatus. It is characteristic that the conquerors, while establishing their power over China, retained the state apparatus that had been in force before them, limiting themselves to very minor changes in its structure.
The head of state was the emperor, power was inherited according to the principle of majorat. The personality of the emperor was deified, he was considered the "Son of Heaven". With the establishment of the Ming dynasty (1368-1644), all power was concentrated in the hands of the emperor. The establishment of the State Council (neige) and the emperor's own office contributed to the strengthening of central power.
The central state apparatus also included six departments: ranks, finance, rituals, the military, the department of punishments and the department of public works. Each of the six departments was assigned a special official who controlled its work. Special departments were created: palace affairs, police service, etc.

Particular attention was paid to the control bodies. Initially, it was the chamber of censors, later transformed into the imperial inspection. All local officials were appointed and controlled by the central government.

The grassroots administration of feudal China was built on the basis of a communal organization that retained its self-governing bodies.

In feudal China, there was no clear separation of the court from the administration, although there were purely judicial positions and institutions. Moreover, in order to centralize the judiciary, local officials were forbidden to consider cases of serious crimes. This right belonged to the center or the emperor

In the 17th century China was conquered by the Manchus. The imperial Qing dynasty established itself at the head of the country. The Mongols did not make any fundamental changes to the structure local government, however, the most important positions were retained.

In the XVIII-XIX centuries. Western powers are beginning to exert powerful pressure on China in order to establish control over domestic markets and natural resources. As a result of the "opium wars" with England, in 1842, China signed the Treaty of Nanjing, which provides extensive privileges to foreigners (opened five Chinese ports for trade, Hong Kong went to England, eliminated the Chinese monopoly on trade with foreigners, etc.). In 1843, the Treaty of Nanking was supplemented by a protocol, according to which foreigners were granted the right of extraterritoriality in the settlements they created. Following England, the United States and France concluded similar treaties with China.

In response to this, peasant uprisings began in China, led by the leaders of a secret anti-Manchu society. In 1851, they proclaimed the establishment of the Taiping Tanguo (Heavenly Welfare State) state. A program of transformations was made public, which provided for agrarian reform, equal rights for women and men, the fight against corruption, and so on. However, the uprising was soon crushed.

The defeat of China in 1895 in the war with Japan and the subsequent division of the country intensified the patriotic movement led by Kang Yu Wei. In 1898, Emperor Guangxu, who sympathized with the reformers, issued 50 rather radical decrees based on a program prepared by Kang Yu Wei. This period has gone down in history as the “hundred days of reforms”. But they were not implemented. Empress Dowager Cixi, having carried out a coup d'état, canceled all decrees, and executed the reformers.

In 1899, as a result of a popular uprising - the Yihetuan ("detachments of justice and harmony"), which arose on the basis of the secret society "Fist in the Name of Justice and Consent" ("Boxer Rebellion"), a reason arose for interference in the internal affairs of China by a number of European powers, and also Russia and the USA. In 1901, the so-called "final protocol" was signed, according to which the Chinese government accepted a series of humiliating conditions that turned China into a semi-colony. In order to blunt popular hatred, the authorities were forced to undertake a series of reforms that modernized the system of government to a certain extent.

The Ministry of Foreign Affairs, the Ministry of Agriculture, Industry and Trade was created, which was tasked with intensifying the inflow of capital into industry and trade.

In 1905, the Ministry of Police was created, later transformed into the Ministry of the Interior, the Ministry of Education, Post, Communications, Finance, Army and Law (instead of the Ministry of Criminal Punishments). In 1906, the Main Customs Administration was established.

The judiciary is separated from the administration. The judicial system was composed of the Supreme Court of Justice, higher courts, district courts and courts of first instance. At the same time, a prosecutor's office was established.

Revolutionary organizations of the country in 1905 united in the Allied League (Tunmyn Hui). Her program was three principles developed by Sun Yat-sen:

Nationalism (the overthrow of the Qing dynasty and the restoration of Chinese independence),

Democracy (establishment of a republic)

National welfare (implementation of leveling land tenure).

On March 10, 1912, the assembly of provincial representatives, which declared itself the National Assembly, adopted the Provisional Constitution of the Republic proposed by Sun Yat-sen. The principle of separation of powers was enshrined in the constitution.
The supreme legislative power was entrusted to the Chinese parliament, which consisted of two chambers: the upper house - the Senate and the lower house - the House of Representatives.

The head of state, the bearer of the highest executive power, was the President of the Republic of China, who was elected for a five-year term. The president appointed senior officials, was the commander in chief, and represented the republic in international relations. He could declare war, establish martial law in the country with the approval of Parliament. He was obliged to promulgate laws and supervise their implementation. The cabinet was responsible to the House of Representatives.
The constitution proclaimed freedom of speech, press, religion, assembly, equality of all citizens before the law, secrecy of correspondence, etc. The 1912 constitution secured and protected private property.

Citizens over 21 years of age with a minimum residency requirement of 2 years participated in the elections. In addition, each voter had to pay a direct tax or possess certain property. The electors first elected the electors, and the latter elected the deputies.

In 1914, the Chinese Parliament, under pressure from Yuan Shikai, who carried out a coup d'état, amends the Provisional Constitution to expand the rights of the President and limit the rights of the Parliament. According to these changes, the president was elected for 10 years and endowed with dictatorial powers. The 1918 changes further expanded the rights of the president.

A new stage in the revolutionary movement begins in 1918. Created in 1921, the Communist Party of China joined Sun Yat-sen's Kuomintang party in January 1924 in order to unite all forces to fight foreign capital. Under the influence of the revolution in Russia, the interpretation of the program principles of the Kuomintang began to take on an increasingly radical character.

In April 1924, Sun Yat-sen came up with a “general program for building the state”, which was to take place in 3 stages:

1) military rule, when all government agencies controlled by the military administration;

2) political guardianship, when the population, under the leadership of the government, organizes self-government;

3) constitutional government comes with the creation of the government of the "five powers" and the organization of self-government.

The system of separation of powers, according to Sun Yat-sen, was supposed to include legislative, executive, judicial, examination and control powers.

In 1928, after the anti-communist coup by General Chiang Kai-shek, who headed the Kuomintang after the death of Sun Yat-sen, the All-China National Government was formed. It operated on the basis of an amended "Organic Law of the National Government". In 1928, a legislative chamber was established, in 1930 an examination chamber, and in 1931 a control chamber.

According to the plans of the Kuomintang, from 1929 China was to enter the stage of political tutelage. In 1931, the “Provisional Constitution of the Period of Political Guardianship” was adopted, legally fixing the new system of power. According to the constitution, the National Congress of the Kuomintang administered the country on behalf of the National Assembly. The Central Executive Committee of the Kuomintang appointed the government and other higher state bodies. Chiang Kai-shek became the Chairman of the National Government.

After the end of World War II, the leaders of the Kuomintang went to some democratization of the regime. In 1947 a new constitution came into force. The constitution introduced the post of president of the country, the post of chairman of the National Government was abolished. The term of office of the National Assembly was set at 6 years, the legislative chamber and the chamber of control became elected bodies, and the creation of local self-government bodies began. In 1947, in the areas controlled by the Kuomintang, elections were held for the highest authorities.

However, in fact, the Constitution was valid only on the territory of Taiwan.

In the fall of 1949, on the territory controlled by the National Liberation Army of China (PLA), the formation of the People's Republic of China was proclaimed. Mao Zedong was elected head of government. A course was taken to build communism in the country.

In 1954, a constitution and 5 organic laws were adopted on the formation and operation of the NPC, the State Council, local councils of people's representatives and people's governments, courts and prosecutors. The constitution set the task of building socialism, carrying out industrialization, and reforming agriculture. Equality of citizens before the law and national equality were proclaimed, socio-economic and other rights of citizens were guaranteed.

The NPC became the only legislature. The Standing Committee of the NPC operated between sessions. The post of Chairman of the PRC was introduced, which represented the country in the international arena, led the country's armed forces. The State Council became the central government body.

In May 1958, the CPC proclaims a policy of building socialism ahead of schedule, which has come to be known as the "Great Leap Forward." Its failure soon became apparent, and in the early 60s. there is a return to the destroyed control system.

However, already in 1962, a “campaign for socialist education” began, which later (in 1966) developed into the so-called “cultural revolution”. This was a left-wing extremist coup, during which the constitutional system of state organs was broken and the personality cult of Mao Zedong was established. In 1975, a new constitution of the People's Republic of China was adopted, which consolidated this regime.

After the death of Mao Zedong in 1976, the course towards deep reforms gradually gained momentum in the country. Companions of Mao Zedong (the so-called "gang of four") were removed from power, and Deng Xiaoping returned to the political arena.

In 1978, a new constitution was adopted, which was an obvious compromise between the constitutions of 1954 and 1975. But already in 1982, a constitution was adopted that almost completely restored the positions of the constitution of 1954, in 1988 and 1993 in it certain additions have been made. The multistructural nature of the economy was recognized, and the rights of citizens were expanded. A special element of the constitutional legislation of the People's Republic of China became the basic laws of the Special Administrative Regions adopted by the NPC: Xiang (Hong Kong) and Aomyn (Macau), which granted them broad rights of self-government.

2. Chinese law.

Qing China had two systematized sets of laws, one of which related to the state and administrative law, the other - to criminal, civil and family. The first - Daqing Huidian - contained detailed instructions regarding the functions of all government agencies. It listed the positions of officials in each county of the empire.

The second set of laws was called Daqing luili (the main laws and regulations of the Great Qing Dynasty). He put the Manchu conquerors in a privileged position, the Manchus were punished less severely, enjoyed the right to replace one punishment with another - lighter or less humiliating.

Customary law in Imperial China was largely grassroots social structures(village communities, merchant guilds, etc.) and acted, as a rule, within the framework of these structures. All this led to the extreme diversity of Chinese customary law.

Daqing luili provided for about three thousand crimes, many of them were punished by various types of death penalty, exile, caning, slavery. Wearing a neck block and branding were used as additional punishments. At the same time, it was allowed to pay off criminal punishment (including the death penalty), as well as the hiring of other persons to serve the sentence (in the case, for example, of beating with sticks). Some crimes entailed the punishment of all close relatives in the male line. Children from the age of 7 were allowed to be held criminally liable. Torture was widely used in the criminal process.

Daqing luili is built in a casuistic form. Moreover, the more dangerous the crimes, the more detailed they were described in the laws. For example, Daqing Luili, establishing responsibility for the commission of murders, detailed them depending not only on the form of guilt, the number of criminals, etc., but also on the degree of their relationship, the social status of the offender and the victim, gender, age, time and place of commission. crimes, murder weapons, etc. The gravest crimes included the murder of parents, grandfather and grandmother, stepfather or stepmother; less serious was recognized, for example, the murder of an uncle, aunt, older brother; finally, the murder of children and grandchildren could be completely unpunished.

The variety of qualifying features, reinforced by centuries of stratification of laws and their interpretations, made it impossible to systematize it. As a result, Daqing luili appeared in the form of collections of a huge number of incidents.

Literally on the eve of the revolution, a lot of work was done to improve the Daqing Luili. Criminal punishments with canes were excluded from the codes, and measures of physical influence, envisaged as sanctions in civil cases, were replaced by a system of fines. A large number of obsolete provisions have been removed from the Code.

In many of its provisions, it was valid until May 5, 1931, that is, until the entry into force of the last two books of the Civil Code of the Republic of China. As for Daqing Huidian, with the proclamation of the republic, it practically ceased to operate.

With the establishment of a republic in China, the process of modernizing traditional law began. The first code was the Criminal Code of 1912 (411 articles). Borrowed almost entirely from the legislation of Japan, France, Belgium, Germany, and the Netherlands, it introduced many new ideas and institutions into Chinese criminal law.

In the field of civil law, the provisions of Daqing Luili continued to operate. At the same time, a number of important laws were adopted regulating property relations in some areas, for example, the Mining Charter of 1914, the Forest Charter of 1915.

In 1931, the civil code came into force, drawn up under the influence of German and Japanese laws. Many of its provisions, especially in the sphere of industrial production and trade, were not carefully developed. These gaps were filled by the publication of a number of special laws: "Regulations on commercial partnerships", "Law on merchant guilds, on stock exchanges, on insurance, on documents of title", "Law on banks".

Labor relations were also regulated by law. The 1928 law regulated working conditions, working hours, the minimum wage, the obligation of an employment contract, and special conditions for women's and children's labor. However, he acted only in relation to medium and large enterprises. Since 1930, the "Law on the Settlement of Conflicts between Workers and Entrepreneurs" began to operate. It provided for a mandatory appeal to a conciliation or arbitration commission.

Main regulations Republic of China were combined into a complete book of six laws (6 branches of law). She received the name Lufa Quanshu.

In the territories controlled by the Communists, the law of the Republic of China did not apply. Party regulations and laws of the Soviet type were in effect here - land was confiscated from landowners and wealthy peasants and transferred to the poor, an 8-hour working day was established for adults and 4-6 hours for minors, a weekly paid day of rest, a directive was introduced on the temporary procedure for resolving cases on counter-revolutionary elements (1931).

The Marriage Act of 1932 also contained progressive provisions. He defined freedom of marriage and divorce, while forbidding parents to exert pressure. The sale and purchase of brides and polygamy were also prohibited.

After the formation of the PRC, it begins completely new era Chinese legal system. Its specific feature is the mixed nature of law - it includes the principles of Romano-Germanic law, socialist ideology, and also retained the foundations of orthodox Confucianism.

One of the first adopted laws was on land and labor. It provided for the distribution of the lands of the rich among the poor, established the norms of working hours. He also established the rules for the execution of labor contracts, the powers of trade unions.

A law on marriage was published, which recognized the equality of men and women, regulated the duties of parents in relation to children and children to parents.

A number of laws established control over production and trade. The legal status of legal entities, the procedure for entrepreneurial activity were determined, the rules for drawing up contracts were established.

The rules against the use and distribution of drugs were tightened, the attempt on socialist property, fraud and corruption were severely punished.

The period of the "cultural revolution" (1966-1976) was characterized by legal nihilism. The reason was the tendency to apply the so-called "frozen" regulations. (for example, the Criminal Code, which was never published).

With the adoption of the new Constitution in 1978, a period of active rule-making begins. In 1978, at the All-China Conference on Legislative Construction, the state legal program was promulgated.

It provided for the introduction of legal regulation, primarily in the economic and environmental spheres, in the organization of the state apparatus and the protection of public order. After a fifteen-year hiatus, China began to issue regulations. A number of them created a favorable investment climate for foreign investors. The first in this direction was the 1979 law on joint ventures with foreign capital.

Actively issued legal acts aimed at combating crime. In 1979, the "Regulations on Arrests and Detentions" appeared.

In accordance with the law of 1979, the judicial system and the system of people's procuratorates were restored. In order to put their activities on a legal basis, in 1979 the criminal and criminal procedure codes were adopted.

The restoration of the legal system in China after the "cultural revolution" took place without haste, prudently. Some regulations were first issued to test their effectiveness and then improve as temporary provisions.

The general provisions of civil law began to function. The following laws were sent to regulate civil law relations: On a business contract (1981), On trademarks (1982), On patents (1984), On a foreign economic contract (1985), On copyright (1993), On bills of exchange (1995) .

In 1982, a code of civil procedure was adopted. As an experimental law, it operated for 9 years. In the final version, it was adopted in 1991 after significant changes and additions.

In 1989, the Code of Administrative Procedure came into force as an experimental law. Since 1996, the law on penalties for administrative offenses has come into force.

Labor relations are regulated by the Labor Code of 1994. It contains norms that determine the procedure for concluding and terminating employment contracts, wages, working hours and rest periods, etc.

The legal framework for the protection of environment. It was made up of numerous legal acts adopted in 1979-1996: the Forest Code, the Law on Environmental Protection, the Law on Environmental Protection of the Seas and Oceans, the Law on the Prevention of Pollution of the Water Environment, the Law on the Prevention of Atmospheric Pollution, the Law on the Protection of Wild animals, Environmental Noise Prevention Act.

Many legal acts were aimed at improving the structure and activities of law enforcement agencies. These are, in particular, the “Regulations on Places of Preliminary Detention” (1990) and the Law on Prisons (1994). They provided for some humanization of the system of punishments. However, she remains very strict.

A feature of rule-making in the PRC in the recent period is the replacement of laws with their new editions, which significantly change their content. In 1996, a new version of the Code of Criminal Procedure was approved. He strengthened the guarantees of the rights of the individual in court. In 1997, a new version of the Criminal Code of the People's Republic of China came into force. The concept of a counter-revolutionary crime is excluded from it. Punishment for economic crimes has been increased.

At present, the main strategic task, set and enshrined in law, is the transformation of China to the middle XXI century "into a powerful, democratic and modernized socialist state."

3. The Japanese state in modern and modern times

The emergence of the feudal state in Japan was preceded by a long struggle that led to the hegemony of the Yamoto clan. They usurped power, turning it into hereditary. All residents were declared direct subjects of the emperor - "tenno" (lit. "heavenly", that is, supreme).
Despite the deification of the emperor, he shared power with the heads of large feudal houses. who often actually ruled the country.
Feudal fragmentation contributed to the formation of a special military-feudal class of samurai - professional warriors with a special code of honor (busido, lit. "the way of the warrior") with the Konyutsian principles of loyalty and unquestioning obedience to the father, overlord, sovereign.
The growth of handicrafts and trade, the development of cities lead to the establishment of large feudal farms of sovereign princes (daimyo, lit. "big name"). Daimyos only nominally recognized the authority of the central government. They liquidated the estates of their samurai vassals almost everywhere, taking them for maintenance. The rest of the samurai turned into ronin (wandering samurai), in fact, a declassed social stratum.

The beginning of the second period in the development of the feudal state in Japan coincides with the emergence in the 12th century of a peculiar political form of the Japanese feudal state - the shogunate, in which all political power concentrated in the hands of one of the largest feudal houses. This military-feudal dictatorship of the strongest kind, based on the samurai, only nominally retained the importance of imperial power. In the 13th century, the shogun arrogated to himself the right to approve the emperor, determine the order of succession to the throne, and appoint the highest court advisers.
A kind of government apparatus is being created - bakufu (literally, "the field headquarters of the great commander of the shogun"). It consisted of the main administrative chamber, which was in charge of legislation, the main military chamber, which was in charge of the samurai estate, and the main judicial chamber.
From the end of the 16th century, the process of centralization of the country began in Japan. Craft and trade grew, and a national market was formed. Along with economic reasons, there were also political conditions that accelerated the unification of the country - exacerbation of social contradictions. In addition, in the 16th century, the first Europeans penetrated Japan and the threat of losing political independence also dictated the need for unification.
The process of unification of the country was especially intensified during the period of the third shogunate of the Tokugawa house. Under the Bakufu, an extensive bureaucratic police apparatus was created. There was a special stratum of samurai in the country - hatomoto, from which the accounting, tax and administrative apparatus of the shogun was completed. regent or chief minister-tairo. Many positions were hereditary.
Tokugawa Japan was a police state in which any manifestation of anti-government sentiment was severely persecuted. One of the means of strengthening the power of the shogunate was the hostage system (sankin-notai), finally enshrined in law in 1635, in which all daimyo had to alternately live in the house of the shogun, and leaving, leave their families in Edo (the capitals of the shogunate). A special governor of the Kyoto shogun, soshidai, was appointed to oversee the imperial court.
A special detective system ("metsuke - seiji", metsuke - lit. "attached eye") carried out covert police supervision of officials and the entire population of the country. It was headed by police inspectors - o-metske, who were watching each other at the same time. Movement in the country was regulated by a strict system of passes.
To supervise the peasants and collect taxes, the post of daikan, the deputy head of the financial department, was established, to which the village elders were subordinate. In the cities, in addition to the mayors, there were councils of large merchants, but the system of urban self-government did not receive any noticeable development.

A feature of the development of the Japanese state is that it rather late embarked on the path of capitalist development. Even in the middle of the XIX century. there was an actual attachment of the peasants to the land and complete dependence on the feudal lord.

At the end of the 60s of the XIX century. In Japan, a bourgeois revolution took place, known as the "Meiji revolution" ("enlightened government"). After the revolution, there is a rapid development of capitalism in the country. In a short time, Japan becomes a strong imperialist power, at the same time retaining feudal vestiges in the economy even by the beginning of the 20th century.

Features of Japanese imperialism in the early twentieth century.

1. High degree of capital concentration. The largest concerns (Mitsui, Mitsubishi, Yasuda, Sumitomo) owned 55% of the capital of all Japanese companies.

2. In agriculture before the agrarian reform of 1954. Peasants rented land from landlords. This lease was associated with duties of a feudal nature.

3. In industry, a system of "free contract" between employer and worker coexisted with the typically feudal purchase and enslavement of the worker. 4. In the field of public administration, there was an alliance between large monopolies and military-feudal elements.

The consequence of the "Meiji revolution" was the adoption in 1889 of the bourgeois constitution, which consolidated the new structure of state power. The constitution reflected a compromise between the state-dominated nobility, headed by the emperor, and the bourgeoisie, which was allowed to participate in legislation.

Constitution of 1889 legally approved the status of the emperor as the head of state, endowed with very broad powers.

The imperial person was declared sacred and inviolable. The emperor had full executive power and extraordinary powers. He appointed the minister-president (premier) and, on his recommendation, all other ministers. The Cabinet of Ministers (10 people) was responsible only to the emperor. Neither a vote of no confidence (it was not provided for by the constitution), nor the resignation of individual ministers (there was no provision for collegial responsibility), nor the rejection of the budget (it was allowed to use the budget of the previous year) could bring it down.

Legislative power belonged to the emperor together with the parliament. Laws passed by the parliament were not valid without imperial approval. Between sessions, the emperor could issue decrees having the force of law. In practice, such decrees were also issued during the parliamentary session.

The emperor convened parliament and closed it, postponed the dates of parliamentary sessions, could dissolve the chamber of deputies, which was widely used by the government to put pressure on the house of representatives.

The Japanese Parliament consisted of 2 chambers: the Chamber of Peers and the Chamber of Deputies.

The chamber of peers included: members of the imperial family, titled nobility and persons appointed by the emperor. The second chamber consisted of deputies who won the elections. The lower house was elected for 4 years, but for 3 months a year. (High property and age (25 years) qualifications excluded the vast majority of the Japanese from participating in elections (only 1% of the population participated. In the first half of the 20th century, two electoral reforms were carried out in order to democratize the electoral system.

In 1919 the tax qualification was lowered; in 1925, the entire male population received the right to vote, with a number of exceptions). In the remaining 9 months, the government had the opportunity to take any measure and implement it before the next session. The government could also pass a financial bill that provides for appropriations for several years in advance, thus placing all future parliaments in front of a fait accompli. These rights were widely used by the government.

The constitution did not abolish the activity of advisory bodies under the emperor. These included: the "secret council" ("genro" - an extra-constitutional advisory body); ministry of the imperial court; council of marshals and admirals, etc. The Privy Council was given the consideration of the most important state affairs. The government consulted with him on all important issues, he had the right to interpret the constitution.

The most important fact was the reorganization of the judicial system on European principles. According to the law of 1890. uniform courts throughout the country are being established. Its territory is divided into 298 districts, each of which has a local court. The next instances were 49 provincial courts, 7 courts of appeal and the High Imperial Court. The principle of irremovability of judges was established. At the same time, the status of the prosecutor's office was concretized, and its powers were expanded.

At the beginning of the twentieth century. Jury trial was introduced in Japan.

The party system begins to take shape. The first bourgeois political party was the "jiyuto" (liberal party of 1881), which in 1900 was renamed the seiyukai ("association of political friends"). Only high-ranking officials and representatives of the big bourgeoisie could become its members. The largest industrial concern "Mitsui" becomes the patron of the party. The interests of another major concern, Mitsubishi, were expressed by the minseito party (People's Policy Party). Thus, although the weakness of the Japanese parliament ruled out the strictness of the party cabinets, there was still an approximation to the party system.

However, in the future, the development of Japan follows the path of militarization of the state. The positions of the military were very strong in the Privy Council. In 1895 the order was confirmed by law, according to which only military ranks were appointed to the posts of military and naval ministers. Thus, the military got an additional opportunity to put pressure on the government and parliament. Crisis of 1929 led to the activation of fascist military organizations, the largest of which was the union of "young officers". In 1932 "young officers" organizes a military mutiny, forcing the government to replace the party cabinet with the military.

In 1940, Prince Konoe, a protege of the militarists and large monopolies, was appointed minister-president. The posts of ministers were seized by representatives of the concerns Mitsui, Mitsubishi, Sumitomo, who announced the creation of a "New Political Structure" (NPS). Its essence is as follows:

Instead of the disbanded political parties, a semi-state organization was created - the "Association for Assistance to the Throne" (APM). It was headed by a minister-president, and in subdivisions by representatives of the military and civil bureaucracy. Instead of the disbanded trade unions, "Societies for Serving the Fatherland through Production" are being created, headed by government-appointed officials.

Strikes and strikes were declared state crimes, a 13-15 hour working day was introduced, it was forbidden to demand an increase in wages, the consideration of labor disputes was transferred to the "special police".

The most important link in the "New Political Structure" was the so-called "neighboring communities" (10-12 families), which were part of the "associations of the street" or the village. Through these bodies, the Throne Relief Association directed the neighboring communities. Surveillance and informing were the norms of behavior in the communities. - The "New Political Structure" was supplemented by the "New Economic Structure", which provided for the forced merger of enterprises according to the territorial and sectoral principle. Each of them was headed by a person appointed by the government from representatives of the big monopolies. The solution of all issues of production and marketing was transferred to their jurisdiction.

The defeat of Japan in the war and its complete surrender had a decisive influence on the subsequent state and legal development of the country. In 1945 Japan was under occupation. Actual power passed to the American military administration, headed by General MacArthur. The dismantling of the former regime began with the complete demobilization of the Japanese army, the dissolution of militaristic organizations, and the abolition of regulations that financed the military-political regime.

In 1946, the law on agrarian reform abolished large-scale, i.e. landlord, land ownership (maximum size - 9 hectares). The rest of the land was bought by the state and sold to the peasants. Transformations in industry and banking were associated primarily with the disaggregation of military-industrial monopolies. As a result, a significant number of medium-sized enterprises appeared, but a controlling stake in their shares ended up in the hands of big capital.

The foundations of labor and social legislation were democratized. The right to form trade unions and conclude collective agreements was restored, the right to strike, an 8-hour working day was introduced, etc. A democratic order of social insurance was envisaged.

The measures of the first post-war years led not only to the elimination of the "New Economic" and "New Political" structures, but also to the abolition in Japan of all remnants of feudalism, the transformation of its socio-economic system on a liberal-democratic basis.

In 1947, the Constitution was adopted, developed by the American administration. It included the following provisions:

Japan forever renounces war;

Its armed forces are liquidated;

State sovereignty belongs to the Japanese people;

The property of the imperial house becomes state property;

A liberal-democratic parliamentary monarchy was established in its clearest and most consistent form. The role of the emperor changed radically. The constitution gave him the role of the English monarch - "to reign, but not to rule", personifying the historical continuity in the development of the state. The emperor is seen as "a symbol of the state and the unity of the people." "His status is determined by the will of the whole people, to whom sovereign power belongs" (p. I).

The powers of the emperor were significantly limited. He appoints the Prime Minister (on the recommendation of Parliament); Chief Justice of the Supreme Court (on the proposal of the Cabinet), promulgates legislative acts, convenes Parliament, dissolves the House of Representatives, announces general elections, confirms the appointments and resignations of ministers, confirms general and private amnesties, mitigation of punishments. All other actions of the emperor acquired legal force only after the approval of the cabinet of ministers, responsible to the parliament.

The real power belongs to the parliament, the cabinet of ministers and the court.

Parliament consists of the House of Representatives and the House of Councilors. The first is elected for 4 years, the second - for 6 years with the re-election of half of the councilors every 3 years.

Only the House of Representatives is empowered to pass a decision of no confidence (or confidence) in the Prime Minister. Each chamber was given the right to conduct an investigation on matters of public administration. Both chambers have permanent, special and other commissions. He is also the sole steward of the state. The law prohibits their use for the needs of religious institutions, charitable, educational or philanthropic organizations.

In 1946 a new electoral law was passed. Women received the right to vote, the age limit was reduced by 5 years.

Executive power in the country is exercised by the cabinet of ministers. The prime minister is nominated by parliament and nominally appointed by the emperor.

He is empowered to form the cabinet and to determine its policies, appoints ministers and can remove them from office. The constitution enshrined the principle of civil government. The cabinet lacks the positions of military and naval ministers and the minister of the interior. However, the head of the National Defense Directorate is a minister without portfolio. Part of the functions of the military and the Ministry of Internal Affairs is performed by the Ministry of Local Self-Government, but it does not manage the police, which is an independent department.

The entire Japanese Cabinet of Ministers is responsible to the House of Representatives.

Judicial system.

1. The Supreme Court is the highest court and the highest governing body of the judicial system. In addition to resolving criminal and civil cases, he considers questions about the constitutionality of any law.

2. Higher courts are mainly the court of appeal.

3. Local courts. Their jurisdiction includes all criminal offenses with the exception of police officers, as well as those under the jurisdiction of family courts.

4. Family courts consider materials on juvenile delinquents, sort out family cases, mediate in conciliation commissions. They also consider cases of adults who violate the law on minors.

5. Primary courts. Their jurisdiction includes police offenses.

The prosecution authorities are part of the Ministry of Justice, but they do not lead prosecutors in investigations. The Minister of Justice can give instructions on specific cases only to the Attorney General, but which can be challenged by the latter.

In Japan, the prosecutor's office is the only body with the right to initiate criminal prosecution. The Prosecutor's Office directs and supervises the investigative work of the police and independently investigates the most serious cases (corruption, corporate crimes, major political cases). The functions of the prosecutor's office also include maintaining the prosecution in court and supervising the execution of the sentence.

The General Police Directorate is subordinate to the Prime Minister through state commission public safety. The prefectural police are independent, the General Police Department only coordinates their activities.

In the field of crime control, voluntary public formations are active (associations for the prevention of thefts in apartment buildings, associations for the prevention of robbery attacks on financial institutions, associations for rehabilitation assistance to offenders, youth associations of "Big brothers and sisters", etc.).

1. Features of the development of Japanese law

The dominant position in modern Japanese law is occupied by the Romano-Germanic system. Although American law had a direct influence on some of the laws passed during the period of the American occupation of Japan, Japanese law still remained statutory.

The sources of modern Japanese law are various regulations adopted by government agencies. A peculiar source of law are "customs" or "weights", which the Constitution of 1898. in some cases gave the same force as the law. In modern Japan, these norms regulate interpersonal relationships - family, service, etc.

The main branches of Japanese law that regulate property relations are civil and labor law. After the 2nd World War, commercial law in Japan began to be regarded as a set of rules governing the activities of enterprises, joint-stock companies and companies.

In post-war Japan, "economic law" also gained wide currency. It was based on antimonopoly legislation and norms that protect the interests of medium and small enterprises, as well as consumers.

In common law, judicial precedent is the main source of law, and the court, when considering a case, raises previous judgments in similar cases. But the criterion for making a decision is exclusively statutory law.

The Civil Code of Japan was drawn up at the end of the 19th century. and included a small number of articles on the tort. Their content did not correspond to the time, therefore, after the 2nd World War, a number of new problems were developed on the basis of American case law. Concepts such as "protection of privacy" borrowed from American law have become commonplace in judicial practice.

The socio-economic rights of the Japanese govern and protect labor law and the human right to social security. The most important source of labor law is the law on labor standards, which has been in force since 1947.

It defines the basic conditions necessary for labor activity, establishes the principle of equal pay for equal work for men and women, penalties for entrepreneurs who do not comply with the provisions of this law, etc.

Among the most important sources of labor and social security law are also the minimum wage law and the law on occupational safety and health.

Japan has a specific wage system that has not been adopted in other countries. It is determined, first of all, by the length of service at one enterprise; piecework wages are almost never used. The salary of workers and employees depends on age, education, continuous length of service at a given enterprise, specialty and work experience in it, and another salary increase is carried out annually. Thus, with an increase in the continuous length of service at one enterprise and the age of the employee, his salary increases. Thanks to this, it is possible to secure employees in their enterprises.

The system of holidays is also peculiar. In accordance with the law, the duration of paid leave worked at the enterprise during the year must be at least 6 days. With continuous experience of more than two years, vacation increases by one day for each year of work. At the same time, the law allows restrictions on vacation by a period of 20 days. All Japanese businesses close for a few days in January and during a heat wave in mid-August. This is the time for holidays. The retirement age in Japan is 55.

According to the Japanese civil code, the minimum marriageable age in Japan for men is 18 years, and for women it is 16 years. At the same time, when concluding a marriage by persons under 20 years of age, parental consent is required. Japanese law proclaims the equality of husband and wife, but in practice, marital relations are built in accordance with "customs", according to which the wife is subordinate to her husband.

After bourgeois revolution nineteenth century Japan adopted two penal codes: 1881 and 1907. The legislative reform carried out after the 2nd World War, with minor amendments, retained the Criminal Code of 1907.

A characteristic feature of the Criminal Code of Japan is the expansion of the limits of judicial discretion. This is facilitated by the abstractness of the description of the offenses and the very large range between the upper and lower limits of sanctions, as well as the possibility, at the discretion of the court, of imposing sentences above or below the limits provided for by law. So, for example, for murder (Article 199 of the Criminal Code), a range is provided from the death penalty to 3 years' imprisonment. Despite its considerable age, the Japanese penal code has been sufficiently modernized.

The Criminal Code contains the institution of deferral of execution of punishment (conditional conviction), parole. Suspension of execution of punishment (Article 25) may be granted to a person sentenced to imprisonment for a term not exceeding 3 years or a fine not exceeding 200,000 yen, provided that this person has not been previously convicted or 5 years have passed from the date of serving the sentence . Protective supervision may be imposed during the period of suspension of execution of punishment. A person may be released on parole after serving a third of the sentence or after serving 10 years in the case of a life sentence.

The death penalty is used as the only punishment for actions that have caused foreign policy complications. As an alternative measure of punishment, the death penalty is applied for internal uprisings, arson and explosion of a residential building, murder, robbery, associated with death. The death penalty is also provided for violating the rules for the use of explosives, forcibly seizing an aircraft with casualties, for killing a hostage, and in some other cases.

Imprisonment can be life or fixed-term (up to 20 years).

The fine is 40,000 yen or more.

At the head of the Japanese judiciary is the Supreme Court, which consists of the Chief Justice and 14 members appointed by the Cabinet. At the second instance, it considers cases of state crimes. In the competence of the Supreme Court and the function of judicial management, summarizing judicial practice, issuing instructions for lower courts, the Supreme Court of Japan also considers the issue of unconstitutionality of laws. For all the time of its existence, he recognized only one provision of the law as inconsistent with the constitution. Members of the Supreme Court bear referendum responsibility for their activities: simultaneously with parliamentary elections (once every 10 years), voters positively or negatively evaluate the activities of each of them.

The judicial system of each prefecture is headed by a superior court, which is the appellate court for criminal and civil cases for the lower courts, as well as the court of first instance for state crimes.

Each prefecture has up to 50 district (district) courts, which are the second instance for disciplinary courts. The latter consider petty criminal cases and civil suits in the amount of no more than $11,000.

The district courts have family courts. They consider cases of inheritance, juvenile delinquency, family conflicts.

There is no administrative justice system in Japan. Complaints about the activities of state bodies are accepted by courts of general jurisdiction, but under a special procedure and on special claims. The so-called “people's lawsuit” is allowed, when one person instead of another applies to the court with a complaint about the unlawful actions of state bodies or their decisions.

At the end of the XVIII century. The Qing Empire, compared with the developed capitalist countries of Europe and the USA, remained a backward agrarian country, although with a very productive (by medieval standards) agriculture, surpassing handicraft production in terms of labor productivity. Feudal Qing society of the middle of the 19th century. received from the past an almost untouched load of stagnant Confucian traditions, medieval institutions, social and economic relations. The entire productive life of the peasant country rested on the dominance of manual labor.

The organization and equipment of the army and navy were at the medieval level. The constant surplus of labor power and the pressure of this factor on the means of production led to technical stagnation, almost unnecessary improvement of tools. At the same time, the development of scientific and technical thought in old China was hindered by the withering influence of Confucian scholasticism.

The Qing empire, created by the Manchurian gods through wars of conquest, consisted of Manchuria - the homeland and domain of the conquerors and the lands they conquered. The latter included China proper (18 provinces) and dependent territories - Mongolia, Xinjiang, Tibet. The conquest factor determined both the ethnic composition of the empire and a peculiar hierarchy within it. The dominant position was occupied by the Manchus and their accomplices in the conquest of other lands - the "sign" Mongols and the "sign" Chinese.

Below were the rest of the Mongols, in whose cavalry the Manchu rulers were interested. Even lower are the Chinese (Han) proper. As conquered, they were considered second-class people. On the next step were placed "internal barbarians", i.e., non-Han peoples - Uighurs, Kazakhs, Tibetans, Dungans. At the very bottom of this "pyramid" were the small nationalities of Southwestern China - the Miao, and Zhuang, Bui, etc., who were considered "wild". Such a "pyramid" made it possible to apply the traditional concepts of Chinese emperors, officials and feudal lords. The principle of "divide and subdue" was widely applied. So, one part of the Mongols was included in the "banners", and the other was placed under the supervision of the conquerors. The Han Confucians were set against the Dungans. The same practice was widely used among the Han themselves, when the indigenous people and settlers mutually exterminated each other, as well as among various Muslim nationalities. China in modern times ...

The periodic provocation of interethnic strife bled the peoples, thereby strengthening the Manchu domination. The Qing Empire was torn apart by national contradictions. In China proper, such antagonism remained the hatred of the Hans for the conquerors - the Manchus. The main slogan of the popular uprisings is "Overthrow the Qing, restore the Ming", that is, the expulsion of the conquerors and the revival of Chinese power. The doctrine of "governing the barbarians by the hands of the barbarians" was just as widely implemented by the emperors. According to it, to keep the non-Han peoples in obedience to the Bogdykhan and the Chinese bureaucracy, local exploiters were widely used - Tus in the South-West, beks in Xinjiang, princes in Mongolia, Kalons in Tibet. Another doctrine is to "turn barbarians into Han."

It led to the assimilation of non-Han peoples by the Chinese and was steadily pursued both in the Southwest and in dependent territories and served to expand Chinese proper territories through the gradual absorption of semi-independent regions of other nationalities. Thus, in the Southwest, the practice of replacing local foremen with Chinese officials was steadily expanding. The transformation of the zones of rule of local exploiters into Chinese counties and districts led to the forced assimilation of other peoples. Thus, the traditional policy of "eating the mulberry leaf by the silkworm", that is, China's gradual absorption of the lands of the "barbarians", "dependent territories", as well as neighboring countries, was implemented.

China is one of the largest and most populous countries in the world, it also occupies a leading position in the export of products. In addition, the Celestial Empire can easily boast of a multi-thousand-year history of the state, which, according to various estimates, begins from 3,500 to 5,000 years ago.

History of existence

To a large extent, Ancient China was an imperial country, but some other eras can also be distinguished.

So, the largest periods of existence:

• pre-imperial time (from the beginning of the Paleolithic to the appearance of the first state);
• Ancient China (early forms of government and early empires);
• classical period (from the 3rd century to 1912);
• modern era.

Five emperors and three dynasties

Somewhat mythical is the early history of China during the reign of five emperors, who changed one after another:

• Yellow emperor;
• Zhuan-hsu;
• Gao Xin;
• Shun.

These emperors at various times fought a fierce struggle for power in order to be at the throne. This has been going on since the 27th century BC. e. and up to the 23rd century BC. e.

After that, a lull came in the form of the first Xia dynasty, which ruled from the beginning of the 23rd century BC. e. and until the middle of the 18th century BC.

The eastern country began its active development during the reign of the next dynasty - Shang-Yin, which ruled in the 17-11 centuries. BC e. and was divided into two eras - the early Shang-Yin and the late.

At this time, writing was born, so more is already known about this period. The first political foundations of the state were also formed, and agriculture acquired a new form of soil cultivation.

The struggle for power of the next dynasty - Zhou - led to the fact that Shang-Yin was overthrown.

Zhou era early stages Western period (11th century BC - 771 BC) had exclusively central authority. But the decentralization of power gradually took place, especially in the Eastern period (771-475 BC).

The Zhou Dynasty in ancient China is replaced by a period of warring kingdoms, where several independent states begin to struggle for power and territory. The biggest ones were:

• Zhao;
• Qin;
• Han.

The development of the eastern country

Despite the constant struggle that was waged during the time of the warring kingdoms, Ancient China is changing in all areas of life. Bronze is replaced by iron, new crafts appear, cities grow.

Many works of art were created, which are still very popular.

There are two main philosophical and religious schools - Confucianism and Taoism - thanks to Confucius and Lao Tzu. Both schools have grown in popularity over time, and in today's China most of the population professes these teachings.

Unification under the rule of the Qin kingdom

In 221 BC. e. The Qin Dynasty succeeds in uniting all the lands in single state, which was facilitated by a single language, culture, religion.

The Kingdom of Qin has probably the shortest period of rule - only 11 years, but during this time incredible reforms were carried out that touched almost all spheres of life of ordinary people.

Emperor Qin Shi Huang was able to do what no other early emperor could do. In addition, the construction of one of the wonders of the world, which has survived to this day - the Great Wall of China, began precisely under this emperor.

Han era in Chinese history

The Han Empire quickly replaced Qin, but during this period nothing was lost, but on the contrary, there was a significant expansion of the territory: from the Gobi Desert to the South China Sea, from the Pamir Mountains to the Liaodong Peninsula.

Ancient China was great and militant in the Han era, because it was possible to crush the strong Huns and establish the Great Silk Road, which began to bring great profits to the state.

It is in the Han Dynasty that the history of Ancient China ends and the classical era begins.

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