The Study On Clan Punishment During Pre-Qin And Han Dynasties

Ancient Chinese system of popular family sit implicated, one is guilty implicated relatives, such a system continued to long, profound impact. Seriously study the family punishment regime will help us further understand the formation of the Chinese legal system, under the authoritarian regime of ancient law to grasp the essential characteristics of a specific legal system, clear design and the actual operating conditions and with other interaction between the legal system reveals the ancient legal mechanisms supporting the political and social structures and cultural genes, thereby enriching our understanding of Chinese legal system and cognition. But due to multiple reasons, scholars of the first sentence of this important topic Viewing the family and not in-depth research, many problems either ambiguous or unresolved. In view of this, the author in reference and on the basis of previous studies, attempts to Viewing the period of the first to do a detailed family punishment combing and discussion on the interpretation of ancient Chinese hope to contribute to a modest legal system.This paper is divided into three main parts. The first part is to Viewing the family punishment Origin. To panoramic picture of the history from ancient times to the Han family punishment phase of the origin, development, change, and to shape the historical process. In this section, I use a lot of historical data and evidence, long advocated family of scholars from the Warring States period. The second part is to Viewing the family punishment system test to clarify the sentence on the family series of basic questions. First, from the perspective of family punishment system ontology start Viewing the group focused on the first sentence from "sinner to family" to "crime and the prize," the evolutionary process, and detailed interpretation of the criminal nature of family and its unique meaning for principles. Secondly, from the family relationship between punishment and related aspects of the legal system. Finally, take into account the reality of it clear that the context of modern society, family and hiding the subsequent punishment of legal culture we should adopt the right attitude.