XiHan Officialdom Law Study

The officialdom law in XiHan dynasty is a research object of this text .I It is based on XiHan Bamboo Strips of ZhanJiaShan and literature for foundation data.The" two heavy proof methods" of application delineates the original of the XiHan officialdom law .Combining further combinative Zouyan Book with the judicial case joted down in data in cultural heritage example, investigate the judicatory at that time fulfillment, and its formative history reason with the history meaning of the back.The XiHan Bamboo Strips of ZhangJiaShan (No247 ), pursuing studies study the HanLv provided the unprecedented one hand data. Er Nian Lv Ling is constituted by a stripses, its text include an of laws ruling with a kind of Ling and 2 7 kingds of laws .Er Nian Lv Ling consists of Lv and Ling. These bamboo stripseses are at that time politicses to study the ex- Period in XiHan law system, penalty system and its reflect, the most primitive data in economic system. To different and similar that study QinHan law, contact with change development contain important meaning. The ZouYan Book is constituted by 228 stripses, its kind is argument criminal a characteristic for editting collected materials, time including from the autumn spring period arriving XiHan early 24 cases examples, among them having more than ten is concerning early case in xihan example, essentially reflecting early law in Han . Er Nian Lv Lingis in the contents and is what mutually connection essentially.Before XiHan, the officialdom law of the our country already along with the establishment of the feudal system, obtain the bigger development in thoughting with the system. In early XiHan , take the lesson of Qin's fault, stablishment with the spirit of managing the officials according to the law. Being aware of managing the officials ahead of the people, all of the first three emperors thought much of the officialdom lawmaking, the age of HanWuDi is the peak of the XiHan's lawmaking history, which is a time there's a big development of officialdom lawmaking in quantity and adjustment in scope. And the later emperors inherited the tradition of managing the officials according to the law, claimed series of orders, made the laws gradually, set up a complete system of officialdom law. XiHan officialdom law completely managed the officials from appoint, responsibility, punishment, welfare and retirement. First, the early Han government not only manageged the officials appointment by orders, but also established the related laws, announced to the whole country. Early Han government limited the officials from identity, grade, property, culture level etc. From XiHan Bamboo Strips of ZhangJiaShan Er Nian Lv Ling, we can found how these laws managed the behaviors of the officials and responsibility in law. According to the modern administration, these great numbers of laws can be divided into the duty of the daily administration implementation, the social public order maintenance, fair judicial job maintenance and central ruling maintenance etc.For example XiHan Bamboo Strips of ZhangJiaShan regulated officials must abide by the law strictly and judicially :"cut your left leg if you do not judge by law". Above all, XiHan inherited Qin law and itsadministrational spirit of managing the officials according to the law. The system of Er Nian Lv Ling lawmaking assured the administration machine to work well. Punish strictly the breaching of duty from making mistakes in post, taking charge of stealing tax and evading tax to not guarding the toll- gate strictly and not attacking the robber effectively etc.. Profit oneself to abuse law because of taking bribe," abusing law "," indulging criminals", breaching of duty such as the jailer's beating the criminals to death etc is particularly attention. The Punishment toward breaching of duty can be penal sum, imprisonment and death penalty, it all depends on the difference in polt, character and result. The behavior of breaching of duty punished by Han law covered all aspects of the social official business, express rulers' worry about the cond...