A Study On The Crime Of Harboring In Ancient China

The crime of harboring is one of the most ancient cirmes in ancient China,it is accompanied by the emergence of crime arising from a person harboring criminal escaping justice in order to achieve its investigation,the trial for the purpose of criminal acts. Because of acts of harboring criminals make the judiciary the judicial pursuit of criminal activities has increased the difficulty and obstacles,against the normal judicial order.Rulers of various dynasties attached great importance to set forth in the crime of harboring in the law or make special harboring criminal laws that stipulate crucial punishment on the harboring criminal to help timely capture the criminals and attack criminals.According to the author can be found in the available historical information,the harboring crime was recorded in as early as the Western Zhou Dynasty.Since then,the experienced 2000 years of development changes,it's name changed varily just as "crime of barboring criminal","crime of harboring criminal home","crime of initiator of barboring criminal" etc.Those are the harboring crime,but the same meaning different words.The crime of harboring in Ancient China has experienced more or less the historical development of four times,before the Sui and Tang Dynasties are the generation stage of the crime of harboring,Harboring the crime began to emerge from the Western Zhou Dynasty,harboring crimes is occurred in Qin Dynasty,which stipulated that harboring criminal is to receive the same penalty as a surrender people.In the Han Dynasty it was included in the law for the first time in the name of "crime of the initiator of harboring".The Emperor Han Wu stress the law of punishing the initiator of harboring criminal and make the law of "depriving of barboring criminal's life".The crime of harboring's name changes and the maturity of law show that the crime of harboring at the Han Dynasty has begun to take shape.Since then,with it's development in various Dynasties of the Wei,the Jin,the North,the South,and in the Tang dynasty,it explicitly stipulated the crime of "knowing the crime but harboring the criminal",Further improvement of law and the penal offense of harboring moderate reasonable marks Tang reached complete while the special criminal legislation in the Song Dynasty related to harboring crime such as "more severe law about barboring crime","more severe punishment in special areas" etc.Weight punishment harboring the emergence of the characteristics of crime so that the crime of harboring the development of ancient China to another peak.Since then,the Ming and Qing dynasties inherited generations ago on behalf of the provisions of the crime of harboring,but in accordance with changes in time,some changes were made in order to meet the crime was against the rule of harboring required.Attached great importance to the rulers of ancient China to use legal means to crack down on crime harboring people guilty of harboring,At 2000 years of class struggle and judicial repression,in addition to applying the law focus on the legal form of such stability against harboring offenders,all《Pu Qu Zhi Fa》in Spring and Autumn time,"more severe law about barboring crime" in Song Dynasty etc.All legislative forms of diversity and variability are not blind and fortuitous,and this change with the political needs of the rulers, the changes in social conditions as well as the impact of Confucian culture and the ruling class to suppress the accumulation of experience of justice has a very close relationship.Meanwhile,"relatives harboring each other" as an important ancient important principle of justice,It is the crime of harboring the emergence,development has a very close relationship,in the conviction and sentencing on the crime of harboring a significant impact.This article attempts to investigate the historical harboring changes in the historical development of the crime and sum up its regularity,from a seemingly small crime were found with the evolution of some useful inspiration.Content of the thesis is divided into five parts:the preamble,the research status of ancient harboring research,the paper's research methods and innovation to make a brief account of;The first chapter,ChaptersⅡandⅢare the main parts of this article,this part begins with an analysis and explanation of the basic meaning of the ancient harboring crime and bound its basic definition.And on the Western Zhou Dynasty to the end of the Qing Dynasty from the crime of harboring the legislature and the judiciary in two aspects, the phases of the crime of harboring the overall history of the study.The crime of harboring one of the "relatives harboring each other" principle of comparative study is a bright spot.ChapterⅣis a continuation of the front part of the study,summed up the crime of harboring ancient China in particular,and from the conviction and sentencing on two levels that we now draw useful lessons.Finally concluding remarks are part of the paper.