Yudaotongfa In The System Of Laws And Decrees, In Qin Dynasty And Han Dynasty

The law is national will and authoritative concentrated reflection, maintain its important tool which rules the order as the ruling class, paid attention to by ruler of the past dynasties dynasty. The law of Qin dynasty and Han dynasty,which is appear in the form of system of laws and decrees, have stipulated and restrained all respects such as the politics, society, economy,etc.In the Qin dynasty and Han dynasty, System of laws and decrees plays an enormous role.But the law of Qin dynasty and Han dynasty,which is lost for a long time.So it make make people lack accurate understanding to the law of Qin dynasty and Han dynasty.As the archaeological excavation of last century.A lot of bamboo slips were dug up last century.Thanks to the solid foundation built by the community of archaeologists and historians that we can distinguish legal systems from the Qin dynasty and Han dynasty. Especially shuihudi jian (睡虎地秦墓竹简)and zhangjiashan jian(张家山汉墓竹简)unearthed,have highlighted the importance of the study of laws in the Qin dynasty and Han dynasty.In this article, We will describe for the centre with the yudaotongfa(与盗同法)。First of all, expound the definition of stolen, The steal of Qin and Han,may divide into steal, robber and group steal, and stealing in some special meanings. Secondly, yudaotongfa(与盗同法)is a contrasting clause. It is result with imperfect legal system of Qin and Han. Moreover, through analyzing the criterion for imposing penalty of the yudaotongfa(与盗同法),Summarize,although penalty standard is unanimous on the whole, there are differences.Especially after Hanwendi's(汉文帝)reform, this kind distinguishes more obvious. Finally, according to the analysis on yudaotongfa(与盗同法),summarize the criminal law principle.At last, hope to enable the system to have a more accurate assurance and deeper understanding to the law of Qin dynasty and Han dynasty.