Study On Migration Punishment Of Qin And Han Dynasties

During the Qin and Han Dynasties, it has formed a comparatively perfect penaltysystem. Qin law began in the4th century BC,when Shang Yang brought about therefomes.It has already had a relatively complete legal system till the unity of china. Andthe development of legal system is still going on.The legal system of the Han Dynastychanges continuously in the basis of the Qin system. Research on the legal system of theHan Dynasty, are mainly divided into the Western Han Dynasty and the Eastern HanDynasty. This paper mainly studies the migration punishment in the Qin and HanDynasties,a punishment to criminals which is called excile. Migration punishment hadbeen widely used in the Qin and Han Dynasties. Although not included in the FivePenalties, it is very important in the Qin and Han Dynasties penalty system. Exile,whichwas one of the Five Penalties,was evolved from the migration punishment in the Qin andHan Dynasties. So studying on migration punishment is of great significance for theresearch of the history of ancient criminal law.The records of migration punishment mainly appeared in "Historical records","Han","after the Han Dynasty" and other historical documents. The unearthed literatures alsohave the records of migration punishment such as <Bamboo Slips Unearthed form a HanGrave in shushed>,and 《"Bamboo Slips Unearthed form a Qin Grave in Zhangjiashan》".At present, I have not seen the monographs about the migration punishment in the Qin andHan Dynasties. But it is very helpful that research works on history of Qin and HanDynasties, research works on the legal system history of Qin and Han Dynasties, researchworks on Chinese legal history, the immigration history books and many papers are relatedto the problem.This paper consists of four chapters.The first chapter discusses the origin, the development of migration punishment andthe comparison and analysis of the three, including migration punishment, immigrationpolicy during the Qin and Han Dynasties and the exile system.The second chapter discusses the applications of migration punishment in the Qin andHan Dynasties. It talks about some specific details of migration punishment, such as itsrange, object, mode and so on.The third chapter discusses the migration of the migration punishment in the Qin andHan Dynasties. I list the migration locations mainly by forms.The fourth chapter discusses the functions and the characteristics of migrationpunishment in the Qin and Han Dynasties. Acceding to the data such as "<Historical records>","<Han>","<Han>,"<BambooSlips Unearthed form a Han Grave in shushed>,《Bamboo Slips Unearthed form a QinGrave in Zhangjiashan》"Longgang Qin Dynasty bamboo slips”, and drawing lessonsfrom the research results of predecessors, the author is in order to have a profound andcomplete understanding of migration punishment.