Research On The Norms Of Criminal Responsibility Ability In The Laws And Decrees Of Qin And Han Dynasties

This paper is divided into three parts: introduction,body and conclusion.The introduction part describes the background and significance of the selected topic,the combing of academic history,and the concepts of criminal responsibility capacity,and age of criminal responsibility,respectively,and clarifies the relationship between them,and defines the standards of criminal responsibility in the Qin and Han dynasties.This paper is divided into five chapters.The first chapter combs the historical data about the norms of criminal responsibility ability of the four special groups in Qin and Han Dynasties: The Young,the old,the Physically Handicapped and the mentally handicapped,although the concept of the age of responsibility was not established in the Qin and Han dynasties,when the legal system and penalty were made,they are able to take into account the age,consciousness and capacity of the perpetrator,that is,the capacity for responsibility,reflecting the subjective fault of the person and balancing conviction and sentencing in the field of criminal justice,reflects the government’s governance policy on the legal tolerance of special groups.Chapter 2 summarizes the characteristics of punishment in the Qin and Han criminal liability norms,criminal responsibility in Qin and Han dynasties,which mainly contain features such asthe legal thought of crime,the principle of morality,the principle of punishment and supplementary punishment,the combination of etiquette and law,the subjective consideration of criminal responsibility,the timeliness of law,and the distinction between the criminal and the citizen,civil property compensation criminal liability and other characteristics.The third chapter mainly narrates the three special cases in the regulation of responsibility ability in Qin and Han dynasties.The first is the time standard of recognizing juvenile crimes,such as being young at the time of committing a crime and growing up at the time of sentencing;the second is the subject and object of behavior,distinguishing the criminal psychological state;the third is the special case of punishment,such as treason and the crime of great disrespect,in judicial practice,the practice of arbitrary doctrine.The fourth chapter is about the influence of the capacity for responsibility norms in Qin and Han dynasties on Tang Code.This article compares the Qin and Han legal Tang Code with the “Criminal responsibility”in the book.Compared with the Qin-Han laws,the Tang laws have a clearer classification of the age of criminal responsibility and the age of criminal responsibility at each stage,and different criminal responsibility according to the age of the offender and the degree of old age and illness,which is a close integration of ritual and law and more juridical Confucianism.In a word,the research on the norms of criminal responsibility during the Qin and Han dynasties will be helpful to understand the criminal policy and criminal justice in ancient China.