In ancient China,the Confucianists, Legalists and Taoists，which were schools of thought in the Spring and Autumn and Warring States Periods,770-221B.C.,contributed greatly to the formation and development of law in Chinese history.Confucianists emphasized‘rule of Virtue and the Confucian or feudal ethical code’,Legalists concentrated on the‘rule of Law’,Taoists advocated the maxim：‘govern by noninterference’.All of these directly relate to the position and significance of law in the process of managing State affairs and safeguarding the nation,punishing evil-doers and encouraging people to so,as well.Confucianists deemed that Sage Should administer the country;Why not avoid punishment? When state leaders avoid executinq punishment，there will be no one to strive for fame and qain.They pursued a kind of non-punishment policy that can be described as‘Teaching people by morality,unifying them by Confucian ethics,and then they have propriety,righteousness，honesty，and a sense of shame，and as a result of these,they behave properly.’(from the ‘Analets of Confuius).Thus Confucianists adhere to the idea of whether there is any need to use the death sentence in governing the country (also from The Analects of Confucius).Legalists maintained that only through the process of declaring the law and announcing strict punishment，can people be relieved from disorder，and the disaster of the nation can be released(from Works of Han Fei Tzu).Legalists pursued harsh laws and a policy of severe punishment, in the Book of Lord Shang,legalists interpreted their policy as‘if the death sentence can prevent killing in society，government should use this measure;if using punishment can fulfill the purpose of the need for less punishment, government Should adopt rigorous punishment.’Legalists went so far as to think that in the process of executing the punishment,if a misdemeanor is including misdemeanor and felony any more,this is what punishment means(From severely punished,as a result of this policy no one will dare to commit the crimes,including misdemeanor and felony.This is the meaning of punishment(Works of Han Fei Tzu).If a government believes in Confucian- ist thought.they will adopt a sharply different criminal policy from a government that belieyes in Legalist thought.This is the important signifi- cance that academic thought had in the formation and development of our legal institution.However,all of these academic lines of reasoning,for example，Confucism,Legalism，and Taoism,are not relligions.Socialist China adheres to Marxism，develops the market economy,main- tains common prosperity，absolutely prohibits one to secure another’s belongings by use of trickery,severely punishes economic crimes and corrupt officials who practice gran and take bribes.The Marxist criminal and legal concept is the guiding ideology of our country’s law-making activity.The differences between theoretical viewpoints directly influence legal insti- tutions，which is true both at home and abroad,both in ancient times and in modern times.The only difference,if there is any,is that they have their own characteristics.The abore policy is clearly prescribed in the Chinese Consti- tution as：

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