"Pirates" Of The Qin And Han Dynasties To Study

"Pirates", is one of most ancient crimes, moreover is one of crimes which the Chinese all previous dynasties ruler most takes. "The most urgent priority is to punish theft and the thieves for the politics", the concerned larceny crime legislation was in the ancient times law development important content. In China ancient times in the legal development process, the Qin and Han Dynasties were the Chinese tradition legal regime forms with the development important times. In the Qin and Han Codes foundation, passes through the Wei Jin Southern and Northern Dynasties' unceasing development, epitomizes for the Sui and Tang Codes. Therefore, the Qin and Han Chinese at the legal history of the Legislative Council has an extremely important position, "Pirates" legislation is the the Qin and Han Dynasties legal regime important constituent, have had the important influence to the Chinese tradition law.The full text is devided into the introduction and the text.First of all, the introductory part of the offense from the Pirates of the importance of the cut on the article to the Qin and Han Dynasties topics for the study of the meaning of objects, as well as information on this study and support. Secondly, academic research has been arried out some simple review, pointing out that the link to conduct a longitudinal and comparative studies, in particular, is necessary to study dynamic.The body is devided into three parts.Part I: The Qin and Han Dynasties "Pirates" tracing. Mainly on three issues: First, the meaning of the "Pirates". Second, the history of the "Pirates" crime charged. Third, the history of the setting of the Legal Code of "Pirates of law" in the Qin and Han Dynasties. Three issues of this study leads are time, Longitudinal analysis and prior to the Qin and Han Dynasties "Pirates" the concept of connotation and denotation, by researching of the meaning of the "Pirates" to compare "Pirates of the crime". "Pirates" evolution of the crime charged and the investigation of the Qin and Han Dynasties Legal Code "Pirates of Law" Part of the settings, depth of "Pirates" the crime charged before in the history of the evolution of the Qin and Han Dynasties and the Qin and Han Dynasties "Pirates" the historical origins of the crime charged.Part II : The Qin and Han Dynasties related the evolution of "Pirates". This part is the article main body part. Author from the Qin and Han Dynasties times related the legislation stipulation obtaining of "Pirates", analysis the form of "Pirates", that are .The larceny, the robbery, the bribery crime, sell the human crime slightly, borrow the official crime as well as other forms of "Pirates". Further into the legislative system in the "Pirates" three principles of the crime of punishment: And the loot decides on the nature of the guilt the principle, the fair price principle as well as searches out stolen goods the principle. From the "Pirates" punish the crime of reading out the principles of the Government of the Qin and Han Dynasties "Pirates" the three preventive measures: to encourage the criminal information, set up cut-night system, the Rogue set up a special administration officials to oversee the arrest of thieves. Many ancient Chinese martial law rule of law in order to steal to maintain social stability as an important measure, different historical periods, the effect of governance is not the same as stealing. The Qin Dynasty to the solid economic foundation, clear the six countries dominate the world, promoting the Qin law, Receiving the "security among relatives, no thieves" the social effects, Has led to "a person commits mistakes, the whole family died" end of national subjugation. "The law is no pitying on crime" in the rule of the Han Dynasty, "Pirates" also received a certain effect.This part of " Pirates" the content of combing the crime legislation, mainly the " Law & Deceres of Two Years " for clues, combined with contrast, " the Qin bamboo slips of shui hu di" relating to " Pirates " the provisions of the crime, vertical comparison to look forward to step more clearly, "Han Qin system for" content.Part III : The Qin and Han Dynasties " Pirates " the legislative history of the crime analysis. Author uses this part of the legal sociology, legal theory and economics resources, from the perspective of social and historical development of the Qin and Han Dynasties "Pirates" the crime of the legislative framework and to sum up the spirit of the legislation and look at. Author thinks: the ancient Chinese "Pirates" the crime of the spirit of the legislation, the first concern is to safeguard the stability of the rule of order, followed by the of official protection of the rights of private property, and the two are complementary. To safeguard the rule of order, and history are at the legal rule to heavy bootlegging, which formed the ancient Chinese bootlegging crimes legislation and basic traditional heavy. The Qin and Han law are generally the same, the idea is basically the product of Legalists, since the Warring States period are the fruits of reform activity. Therefore, the Qin and Han dynasties of the "Pirates" is the crime of the legislative framework of the same strain. The Qin and Han Dynasties to " Pirates " the crime apart from the legislation but the succession, the early Han Dynasty made larger changes to the Qin law to the development of the rule of law have been greatly. At the "stolen" on its deal with the crime of Change There are two main reasons. First of all, the Han Dynasty in the early years of the crime of theft has been relatively mitigate punishment. Secondly, the standard value of stolen goods, the two slightly different periods.At the time of writing this article, the author attempts to adopt Mr. Wang Guowei's "two-Evidence Act", which is found in historical records and books to research ancient history combined with the method of Qin and Han Dynasties "steal" the crime of a more comprehensive and in-depth Analysis of the. I also absorb the latest achievements of the academic-related, with a view to their predecessors on the basis of a breakthrough in an attempt to resolve the previous studies the Qin and Han Dynasties "stolen" a number of problems left over from the crime system.