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On Penalty-Ransom Of The Qin And Han Dynasty

Posted on:2007-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2155360182999431Subject:History of Ancient China
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The Penalty-Ransom is the important penalties on the history of Chinese ancient legal system, which is a legal method that stipulates the convict to pay some money and goods to replace or countervail his crime. The range of penalty-ransom of Qin Dynasty is extensive, from Nai penalty and exile penalty to death penalty. But these atonements are not suitable for everyone, for example,"Shu Gui Xin Wo Zu","Shu Gong"and"Shu Si"are only suitable for the privileged class. In the charge respect, it's not serious to the society just to the government official, such as the crime of unemployment and malfeasance, the attempted crime of larceny, the crime of destroy the property of the official and the private. The mode of atonement is various, such as property atonement, forced labor atonement, substitute atonement, title atonement, and etc. The penalty-ransom of Han Dynasty, based on the penalty-ransom of Qin Dynasty, develops and improves further, the range, the target, the charge and the mode of atonement and principles of application, which reflects the continuation and development of the legal system. But it emerges at feudal society, class and exploiting are the intrinsic characteristic and when exploiting and class are put in force, it will cause the negative influence. Why the atonement of the Qin Dynasty and the Han Dynasty is so popular is three: First, in politics, ruling class seeks to mitigate the social contradiction, and to defend the authority. Second, in economics, as a result, ruling class seeks to maintain the economic domination, the development of private ownership of the land and economics. Third, the influence of the traditional legal and culture thought. Enforcement of the penalty-ransom during the Qin and Han Dynasty protects the rights of the ruling class in the politics, economics, and the military; meanwhile, it gives the good to the common people in a degree. As far as the law's concerned, it influences the penalty-ransom system of the Qin and Han Dynasty deeply.
Keywords/Search Tags:Qin Dynasty, Han Dynasty, Penalty-Ransom
PDF Full Text Request
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