The Penalty Study Of The Qin And Han Bamboo Slips

The Dynasties of Qin and Han in Chinese history is the first unified period, alsois the establishment and consolidation phase of The feudal autocratic system.Especially in the special historical period of destroy the old and establish the new, QinShihuang makes a series of measures to consolidate the regime, which is policyadjustments made in the new productivity condition. As the most important part of thenational law, not only the punishment system shoulder the important mission of socialstability, but also is the powerful guarantee of the ruler deterrence people. The Qin Lvand Chinese law lost makes the research of penalty system difficulties,but the bambooand wooden slips during the Qin and Han Dynasties was unearthed such as“Yunmengqinjian" and" Zhangjiashan Bamboo”, became the most important basisabout the study on punishment.The penal system during the Qin and Han Dynastiesare discussed mainly by the Qin and Han bamboo slips,and the history of literature asa supplement in this paper.First of all, takes about the implementation of the background of the punishment,and the main content is some provisions of the law which was issued by the ruler,thuslearn more about the source and the implementation time of some penalty.Thenaccording to the nature,make the name of the penalty in the bamboo slips to be seventypes,such as death penalty, implicated, labor punishment, corporal punishment,criminal property and so on,and the same time,discussees the complement anddevelopment about this punishment during The Han Dynasty,which makes thedevelopment process,stick out a mile.Next is the key part of this thesis, as the mainpart in the penalty,the imprisonment at hard labor become the penalty which attractthe most attention of the ruler, especially the penal system reform of The HanEmperor, ended the barbarism which made the corporal punishment mainly,andestablished the punishment system that made the imprisonment at hard labormainly.The following list of typical give an example Cheng Dan Chung, anddiscussed the names and types. The fourth chapter discussed the evolution of thepenalty system “WuXing”presents the respective content and characteristic indifferent societies,and then discusses the corporal punishment exists as a additionalpunishment of the imprisonment at hard labor.And then understanding the different ofThe Qin ang Han penalty by comparative studies the penalty clause in the janepaper.In addition, the penalty theory is not change to loose and ease unilateral,strongpunishment is always the first choice of the rulers, so the punishment of the HanDynasty is “apply the carrot and stick judiciously”At last is conclusion.To sum up, as an important part of the punishment in the legal, the punishmentsystem played an inestimable role on the stability and unity of the country. We can geta better understanding the inheritance and development of the two period of the Qinand Han Dynasties by understand the evolution of punishment,which has importantsignificance on the research about the Qin and Han Dynasties...