Study Of The Han Dynasty Pardon System

This dissertation treats the system of amnesties and its uses and functions in Han China through historical materials and unearthed documents. Both research approaches of social history and legal history are applied in this dissertation. In order to avoid abstract describing the system of amnesties, a lot of cases are applied to demonstrate main idea. First section traces the beginning and development of the system of amnesties in ancient China. Enough materials are brought forward to reveal the scope and nature of these amnesties and also to demonstrate that they were actually enforced in practice during these periods. Second section examines the system of amnesties in Han China from the aspects of categories, procedure of enforcement, practice limits and efficacies. Third section treats both agreement and disagreement ideas about amnesties in Han China. Fourth section analyzes the social functions of the amnesties in Han China through revealing the relationship between the amnesties practice and the needs of Han Society. This dissertation includes one preface and seven chapters.Chapter 1 traces the origins and developments of the system of amnesties in ancient China. Enough materials reveal that amnesties were actually enforced in practice in Pre-Qin and Qin periods. Chapter 2 treats the practice, scope and nature of amnesties in Han China. Nearly three hundreds ordinary amnesties and great acts of grace were issued during the Han. In general, the rate of uses of amnesties during the beginning and ending periods of the Han is higher than other periods of the Han. Most of amnesties edicts were proclaimed during spring and summer seasons from January to June. The uses of amnesties were tied to the needs of the Han society. Chapter 3 treats the categories of amnesties in Han China. The amnesties in the Han include three categories: great acts of grace, special amnesties and commutation and atonement of penalty with special approval of emperor. Besides to forgive criminals, to grant a reward to all the subjects from kings, officials to ordinary people also is the important part of amnesties. Theses rewards include award the title of nobility, money, cloth and silks, beef and wine, reduce or conceal farm tax, conceal loan and debt that peasants owe government. Chapter 4 examines the procedure of enforcement and practice limits of amnesties in the Han. The practice of amnesties reveals that there were strict regulations about the writing, sending, issuing, enforcing and reporting and practice limits of amnesties in the Han. In general, great acts of grace could not include criminals guilty of plotting rebellion, those found guilty of Great Sedition, orthose jointly adjudicated for rebellion which their relatives had planned. Only few great acts of grace extended coverage to "those guilty of plotting rebellions or of great sedition". Chapter 5 treats the efficacies of amnesties system in the Han from the aspect of time, space and criminals. In general, great acts of grace prevent prosecution for prior crimes. Great acts of grace covered convicts, prisoners awaiting trial, escaped convicts, officials and ordinary people guilty of undiscovered crimes. Amnesties system benefited royal members, officials, ordinary people and some foreigners. Chapter 6 treats both agreement and disagreement ideas about amnesties in Han China. According to agreement ideas, amnesties are instruments for the purposes of giving the empire and people a new beginning, of following seasons and harmonizing Yin and Yang, and of having more persons of talent through forgiving non-serious guilty. According to disagreement ideas, amnesties benefited criminals and harmed good people who obey the law. Chapter 7 analyzes the social functions of the amnesties in Han China through revealing the relationship between the amnesties practice and the needs of Han Society. This chapter argues that amnesties system is a kind of social adjust system grasped by the emperor. It is uses of amnesties that made Han governments keep high effective and flexi...