The Legal Materials For Shuihudi Qin Dynasty's Bamboo Slips And Zhangjiashan Han Dynasty's Bamboo Slips & The Study For "the Relative Shield" System In Han Dynasty

"Relatives shielding" system as an important content in our Ancient laws, refers to the activities that relatives could shield each other from being a criminal, not turning in government, which would not be or be less punished by the government. It is the so called relatives shielding system. This system exists in the whole ancient history chronologically, which emerges from Qin and Han dynasties, perfecting at Tang and Song dynasties and existing until Qing dynasty. We could still find the shadow of this system, like near relatives could not be attesters and need to avoid etc. This "relatives shielding" system is a special legal system. It specialness lies in the being against with the original thinking for the construction of federal laws, which is just asking relatives cover up related peoples' criminal act ivities. Therefore, in the emerging Qin and Han dynasties, what are the roots for this kind of thinking? Because its specialness would straightly cause the contradiction with other laws formally in Qin and Han dynasties, eg, prosecution system or guilt by association system, so how does this kind of contradiction appears and how does it been solved? What is the exact situation for the exercise in the judicial system in Qin and Han dynasties? What is the reason why this kind of system could be found in Qin and Han dynasties? Based on all those questions, here offers the answers, using unearthed bamboo and silk materials plus literature materials, utilizing the paleographic and historical researching methods, trying to dig out the "relatives shielding" systems'full pictures in Qin and Han dynasties. The whole thesis consists with two parts:introduction and body. As for forward questions, the body part would be divided into three exact sub-parts:The introduction explains this thesis's theme choosing and researching meanings.There are three main questions which have been discussed in the main body.Part one:a detailed analysis for the founding of the "relative shielding" system in Qin and Han dynasty, which includes the detailed analysis for "non-official business report" "family guilty" and "relatives shielding, using bamboo and silk materials. Come up with new explanation for relation for this three and the instruction for legislation. There are multi-angle analysis for this "relative shielding's development.Part two:this part emphasis on the "father prosecutes son"'s judicial exercises in Qin dynasty and "relative shielding" in two Han dynasties, fully using unearthed documents and extant documents as an illustration and analysis. Here presents the analysis in ideal, legal and exercising three levels'contradictions for "relative shielding" system. The most important part is the trying to recover the "relative shielding" system's full picture, which is the created part too.Part three:from the legal perspective, make comparisons horizontally, among "relative shielding" system, guilt by association system, prosecution system, finding out their similarities and differences, solving problems and perfecting "relative shielding" system based on predecessors'study.The last part is conclusion.