Comparison Of The Criminal Law From The Bamboo Qin And Han Slips Of Qin "

Regarded as an important ruling instrument, the feudal rulers attach great importance to the criminal law. There are records of "Han Dynasty law follows Qin Dynasty law system" in history books. Since the codes of Qin and Han Dynasty disappeared already, people are lack of accurate recognization about all of them.A great number of bamboo slips discovering in recent year make up the lackness of historical documents in the research of Qin and Han Dynasty law. The dissertation mostly use the bamboo slips of Qin Dynasty unearthed in Shui hu di and the bamboo slips of Han Dynasty unearthed in Zhang Jia shan.By comparing, the author thinks that there are many siminarites not only in law clause, but also in the chastise principle of burglary, blood guilt, crime of false accusation, escape, officials law in the criminal law of Qin Dynasty and early stage of Han Dynasty.The dissertation discusses the punishment and the principle of criminal punishment, According to the auther, the clarifications of the punishment are similar, i.e., capital punishment, corporal punishment, banishment, atone crime, redemption punishment and so on. The author points out that the criminal law in early Han Dynasty mainly inherits the codes of Qin Dynasty, but there are still some developments and changes. At last, This dissertation states that the difference of political thoughts bettween Qin Dynasty and early Han Dynasty are the most cause of "the decline of Qin Dynasty and the prosperity of Han Dynasty".