The Study Of The Lawsuit Of Han Dynasty

Judicial system is one of the important regulations which intensifies the emperor's authority and defends the core of king' s politial rule system in old China.furthermore, the procedure is a important part in judicial system as the measure system The lawsuit of Han Dynasty was more perfect than Qin Dynasty.The lawsuit has a distinguishing times characteristic,because with the widely spreading of Confucianism has been covered every corner of society,and eventually had occupied the leading position. So, this is make it worth of studying systematically and in an all-round way.The thesis is divided into six chapters to discuss the procedure of Han Dynasty.In the first chapters,the way of lawsuit mentioned to Han Dynasty was explained.lt was considered two types .One is the person concerned,appeal to the government's judicial organization voluntarily.The other is the ones who know best that except for person concerned litigate,because of prosecuting and accusing,it also includes two situations,firstly the common people took on soule ,secondly is the the government's servers took on prosecute or accuse to ligitation .in a word, the expressing of the lawsuit is the beginning step of lawsuit procesures.In second part mainly discusses the agent of accepting and hearing in Han Dynasty.This mechanism had three parts.The basis part consists of county,province and affiliated county.The judicial action was hosted by government and leaders of the affiliated county that had the authoritytoaccept and hear a case or committ and punish the ordinary's crimes,as well as death penalty.The followings were Jun and centrial government.This was a transitional department.To the subordinate.it took charge of dealing with some important and suspecting cases.Meanwhile.as the lower department.it must to be accept the leading or controlling of the emperor or tirgwei.meanwhile,it also had duty to turn over the cases to Tirgwei. Tirgwei as a heart in centrial judicial organization has the highest position in Han Dynasty.lt dealed with all kinds of cases from all over the country.such as the important cases in capital area.the questioning and suspecting cases from every part of country and check inspected the death penalty.The third chapter is about the interrogated proceeding(trialing) in Han Dynasty.The author try to show a whole outline about notifies the defendant to the court .asking the lifrgant.evidance.duju,punishing .turning over cases to the higher authorities.zouxian.qiju and re-checking.After planed a case on file for investigation and prosecution.it would notified the litigant to the court.If he escaped with crime.it had to take charge of arresting the escaped.Then.it would asked and investigated the defendants and other witnesses.Meanwhile.it also looked for the other relating proofs.If these envidences were confirmed and evidenced ,the court would pronounce his guilty.The proceeding is mainly base on the laws and decrees,criterim of Confucianism and Jueshibi.As well as it also according to some principles that consists of applying .respecting and caring the younges and olds ,the lighter or heavier principles.if it was death...