Qin And Han Dynasties Criminal Guilt Liability System

The Qin and Han Dynasties(秦汉) were very important periods for the development and form of the traditional Chinese legal system. On the foundation of Qin and Han Dynasties(秦汉) laws, through the unceasing development of the Wei Jin Southern and Northern Dynasties'(魏晋南北朝), epitomizes for the Sui and Tang(隋唐) law. Therefore, the Qin and Han Dynasties(秦汉)laws have a extremely important status in the Chinese law history. And the "criminal responsibility sharing system" (刑事连坐) is an important constituent of Qin and Han Dynasties(秦汉) law system,which has an important influence to the Chinese law of that time and the afterwards .The research of this article divides into three parts to carry on.The first part is to trace to the source of the "criminal responsibility sharing system" (刑事连坐)of Qin and Han Dynasties(秦汉). The author has first discussed the meaning of the "criminal responsibility sharing system" (刑事连坐). Generally speaking, the criminal responsibility sharing namely "yuanzuo"(缘坐) ,or called "xiangzuo"(相坐),"shounu" (收孥)and so on,the base of the system is the crimes committed by one person should be attributed to relative persons in the Chinese tradition law (for example families, neighborhoods or manager and so on).The second part of primary mission is to carry on the analysis of the "criminal responsibility sharing system" (刑事连坐) applicable scope of the the Qin and Han Dynasties(秦汉)time criminal activity laws.The third part devotes into study the basis of the "criminal responsibility sharing system" (刑事连坐)of Qin and Han Dynasties(秦汉).This part of author using the sociology of law, the legal economic, the legal society control theory resources and so on the theory, from the society historical development angle. The "criminal responsibility sharing system" (刑事连坐)of the the Qin and Han Dynasty have...