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The Study Of Thief Law Of Two Year Laws Of Zhangjiashan Han Bamboo Slips

Posted on:2011-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:J R LiFull Text:PDF
GTID:2155360308469610Subject:History
Abstract/Summary:PDF Full Text Request
"Two Year Laws of Zhangjiashan Han Bamboo Slips" excavated in the end of 1983 are important historical documents, for the reason that these bamboo slips are of inestimable value and they can help with the study of law, history, politics, social conditions of Han. Recent years, research results on "Two Year Laws of Zhangjiashan Han Bamboo Slips" are quite rich. Among these bamboo slips, the research value of Thief Law is quite important.In the book of "Law Code" by Li Kui in Zhanguo period, "Robber Law" and "Thief Law" are put in the first part of the book, and "Robber Law" is followed by "Thief Law". Later, in the Shang Yang's reform of Qin period, Shang Yang changed the "Fa" to "Lv", "Robber Law" is still placed in the first part. Now, "Thief Law", as the first part of "Two Year Laws of Zhangjiashan Han Bamboo Slips", showing that they did not entirely follow the tradition of "Law Code" and Qin Law. The change of law's position reflected that the adjustment of the overall structure of the law and the importance of legal contents, and the changing relationship among the state domination, social circumstances and the legal practice. The article discusses the reasons why "Thief Law" is the first chapter of "Two Year Laws of Zhangjiashan Han Bamboo Slips", which includs the legal reasons, political reasons and social reasons.From the publish of "Two Year Laws of Zhangjiashan Han Bamboo Slips", scholars of research on bamboo slips both home and abroad have done extensive interpretations research results, which assist us understanding and studying "Thief Law" greatly. However, the interpretations of "Thief Law" can still be further studied. In the article, the author makes further explanations and puts forward ideas and views on "Climb City, Pavilion, Obstacle", "Nai" and "Wan", "Weaponry" and "Sword", "Hammer" and "Vertebrae", "Tong Chan", "Gu" and "Bao Gu" in the "Thief Law" by Synthesizing other relevant research results and analyzing from the field of literature and law.All the Chinese ancient law codes before Tang Dynasty have been Lost. Before "Two Year Laws of Zhangjiashan Han Bamboo Slips" unearthed, we only can partly understand and draw some tentative conclusions on "Thief Law" mainly based on the literature handed down. By contents of "Thief Law", the article summarized the legal provisions, the legal thought and characteristics of the law, and the principles of punishment of "Thief Law", to help us understand the legal, political, social and economic situations of the early Han Dynasty.
Keywords/Search Tags:Zhangjiashan Han Bamboo Slips, "Two Year Laws", "Thief Law", Law, Principles of criminal law, Legal characteristics
PDF Full Text Request
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