Reasearch On The Official's Management Of Qin And Han Dynasties-Based On Bamboo Slips

Due to the lack of historical materials, the legal system history of Qin and Han has been the difficulty and weakness in the study of Chinese legal system history. In modern times, with the development of archaeological science, bamboo and wood slips and materials were unearthed continually. These materials provided valuable first-hand information including a large number of contents about the management and crime of officials, which made a systematic and comprehensive study of the issues on official management and crime in Qin and Han dynasty as possible. The paper can be considered a try. On the basis of the unearthed and published bamboo and wood slips, the paper sort out these materials from the three aspects:official management system, job-related crimes, administrative law and the legislative ideology. Moreover, the related issues based on that were studied and analysed. The main contents and points are as follows:First, the paper made a research about the selection, appointment, supervision and assessment of officials in Qin and Han Dynasties. The system of selection and appointment is different at various times. In early Han, since the antagonistic relationship between the central government and vassal kingdoms, there were many limitations on the appointment of kingdom officials. Due to the needs of stable political environment and the local governance recovery, the central government didn't take the native avoidance system. It appointed the locals directly. In Mid-Han Dynasty, there had been a intricate nepotism between local officials. As to the official corruption, the rulers take the native avoidance policy to undermine the interests of the relationship. If the oppointments of officials were inappropriate, the officials who appointed had assumed joint liability. However, there was a limit of one year and only the crimes during the tenure were included.Qin and Han Dynasties was the start-up period of the Chinese audit system. This period the audit law had been more specific and implemented the following principles:self-responsibility, joint liability, Sentencing by value. The audit against officials includes two types:incumbency and separation. The introduction of third-party in the verification guaranteed the impartiality and objectivity of the audit results.Secondly, the paper sort out and studied the criminal acts of officials recorded in the bamboo scripts according to the different criminal content, such as bribe crimes, attack and curse behaviors. The penalties for the bribery of officials take "value processing" and " the number of crimes severely" principles. Not only those people who accepted bribes themselves should be severely punished, the bribers are also subject to legal sanctions. During this period, the standard of bribery punishment contrasted the "theft crime".The beaten and curse phenomenon between officials was mainly divided two types:official functions and non-official. Since the dominating foundation of the local government is weak, there were beaten and curse phenomenons in the lower to higher levels. In Early Han, the official functions curse were mainly in temple, palace and other public occasions. There were two standards of fine scale: rank and title. InMid-Han Dynasty, the scope of protected object was further expanded, the rank and title were lower, which is not limited to the officials, including the garrison soldiers. Moreover, the processing mechanism is specialized. The related functions transferred from the local administrative heads to the specialized government agencies and there is a strict processing program.Finally, the paper made a summary on the local administration system and thought based on the first two parts, including the handling principles of official crimes and legislation ideology. The joint responsibility had been practiced generally during Qin and Han Dynasty. The official "Lian Zuo" phenomenons were divided into "Recommendation Lian Zuo" and "Administrative Joint Responsibility" two types. From the late Warring States period to the late Western Han Dynasty, the penalties of Recommendation Lian Zuo gradually reduced and the specific rules were constantly refined. The administrative joint responsibility system had been widely applied to officials of governance, including grass - roots handicrafts, frontier defence, the management and efficacy of official property.