The Legal Status Of The Aristocracy Group In The Early Han Dynasty

The early Han Dynasty Military Aristocracy Group begins with a group led by Liu Bang, then gradually grows and develops into a new powerful organization, which is shaped by the military rank system in the “limited royalty” situation after the establishment of the Han Dynasty. This group controls military, finance and legislative power as well as privileges in the fields of politics, economics and etiquette for a long time from Emperor Gaozu to Wen. It booms in the tumoil of Lu family and Seven Stations rebellion but declines rapidly from Wen period when losing military, financial and executive power because many members commit crimes to lose title of nobility. At last, the early Han Dynasty Military Aristocracy Group falls completely in Emperor Wu time. This paper, from the view of legal history, chronologically does a comprehensive and systematic research.of the early Han Dynasty Military Aristocracy Group by studying edict, law system and the cases of punishment for crimes of military aristocracy members. This paper also studies the history, privileges, statutory obligation, crimes and the fall of the early Han Dynasty Military Aristocracy Group to develop a thorough and profound understanding.The first part discusses the historic origin of the early Han Dynasty Military Aristocracy Group from two aspects: first, it tells of the legal basis of forming the early Han Dynasty Military Aristocracy Group which begins in the Spring and Autumn Period and matures during the Warring States Period and which is carried out in the Han Dynasty; second, it details its formation and development in different periods: Gathering in Mangdang Mountain, Zhangchu Regime, Chuhan Warring and the early Han Dynasty which helps to understand the early Han Dynasty Military Aristocracy Group for deep research.The second part especially studies the privileges of the early Han Dynasty Military Aristocracy Group to get a better knowledge of its characters and legal status from political and economical privileges as well as etiquette.The third part tells the statutory obligation of the early Han Dynasty Military Aristocracy Group from economical obligation and military obligation to limit it.The forth part pays attention to crimes of the early Han Dynasty Military Aristocracy Group. It argues the criminal situation during periods of Gaozu, Huilu, Wenjing and Wudi and concludes criminal features of each period. At last, it details the criminal administration and procedure during trial of its members. By the research it reveals the declines of the early Han Dynasty Military Aristocracy Group and the rise of royal power and strict Han laws.The last part analyzes the reasons about fall of the early Han Dynasty Military Aristocracy Group gradually: strong royal power, changes of the military rank system, rise of new law-study class, the corruption of the early Han Dynasty Military Aristocracy Group, strict law system. All these demonstrate that history goes forward from fall of the early Han Dynasty Military Aristocracy Group to strong royalty.