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A Study On The Han Dynasty's Inheritance From And Reform In The Qin Dynasty's Law

Posted on:2003-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z C MengFull Text:PDF
GTID:2155360065961905Subject:Historical philology
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On the basis of classical books handed down from ancient times, integrating the unearthed Tablet-bamboo information, this thesis has preliminarily studied on following and changing of the law in Han Dynasty from the law of the Qin Dynasty.This thesis divided into two parts:Part one mainly deals with the establishment and changes on the law structure of the Han Dynasty. At the beginning of the Han Dynasty (during the reign of Emperor Hangaozu), met by the needs of putting down its internal unrest , Han's law copied indiscriminately the law of the Qin Dynasty .Later on with the thought of Huang-Lao becoming dominated one that is govern by doing nothing that goes against nature. The section that was too cruel in the law had been abolished gradually. It was a series of penal code reforms that was started by King Hui and was epitomized by king Wen and king Jing. That was the beginning of Han's law reform origimated from Qin. During the period of the king Wu, the Confucian thought dominated in the society instead of the Huang-lao thought, thus the feudal official legal thought had been taken shape. The Han's law began to Confucianism under the influence of it, which determined the basic development direction of the Chinese feudal law. At that moment, the Han's law had completed the transformation from the Qin's law, together with establishing the whole law system.Part two mainly researches the following and the changing of the applicable law principles Han from Qin. Based on the subtle evolvement of the common law applicable principles between Qin and Han, this section discusses the following, the changing and the cause of formation of the law of Qin and Han .By comparing and analyzing, we think that the Han's law is prior to Qin's one in the aspects of the penal practice which was more reasonable and humane, of its terms were more beneficial to hit the criminals.The ending part analyses the evaluation of the law of Qin and Han made by the predecessors...
Keywords/Search Tags:the Han Dynasty, the Qin Dynasty, Law, Inheritance & Reform
PDF Full Text Request
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