The Research On Legal Problems In Han Dynasty

In the study of the history of Qin and Han dynasties, many basic problems have not been solved.the one of reasons is the lack of historical materials.We all know that the basic problem is the precondition of academic research.Therefore, many scholars having spent a lot of energy hoped to provide a clear way for academic research.The study of history of legal system on the Western Han dynasty is not excepted.In the history of legal system on the Western Han dynasty, the Yi San Zu and Nine Chapter Law are two basic problems.They are involved production and evolution of law as well as the relevant law enforcement on the Western Han dynasty. There are no agreements on the discussion of the two problems.The two problems having relations are very important.So the two problems will be the research objects in this paper.The two problems each contain three sub-problems and many affiliated problems among each sub-problem. Concretely speaking, there are three sub-problems in the Yi San Zu.The first is the problem of the Five Punishments.The second is the problem of Han wen Emperor abolished Slander Heresy Imperial Edict.The third is the problem of empress Lv abolished San Zu Zui.There are also three sub-problems in the Nine Chapter Law.The first is the problem of relationship between Article and Chapte and Item and Thing of Xihan’law Composition.The second is the problem of relationship between the Three Chapters Law and Second Year Law.The third is the relationship between the Second Year Law and Nine Chapter Law.They have correlation between each sub-problem.The breakthrough of above two basic problems are on the Yi San Zu Law.Through the argument, we know that the Five Punishments are not includ the death penalty and Hanwen Emperor are not abolish the Slander Heresy Law and Empress Lv abolishing the San Zu Zui is about the penalty rather that the law.The historical materials record that the Three Chapter has Yi San Zu Law, some scholars deny the authenticity of the Three Chapter according to the record.The appearance of the Second Year Law provides a new clue for this problem.The Three Chapter should refers to Thief Law Chapter and Steal Law Chapter and General Law.The three chapters ultimately integrated into the Nine Chapter Law.The formation of Nine Chapter Law experienced two steps.The first step is that some of chapter among Second Year Law were merged.The second step is that the Nine Chapter Law was affected by the concepts of Yin-Yang and Five Elements in the late Western Han dynasty.The Law Classic contains6articles, the Nine Chaper Law contains9articles, the Bang Chapter contains18articles, the Yue-Gong Law contains27articles, the Chao Law contains6articles, the total number of laws of the Western Han dynasty contains359articles, the appearence of these figures is the embodiment of the Yin-Yang and Five Elements on the law.