Research On Qin Gaojian System

The legal system of the Qin Dynasty is very important to the legal construction ofchinese society in history and which has a great significance in the research of Chinese legalhistory. In order to study the legal system of the Qin Dynasty better, we need to grasp it fromboth macro and micro aspects. The Gaojian system is a representative regulation of the QinDynasty. Therefore, this paper will clarify the construction of Gaojian and analyze the reasonwhy it reformed from a perspective of legal history.Overall, this paper is composed of introduction and text. In the introduction, the authorbriefly introduced the content of the system, the research present situation, the researchsignificance, research methods and its innovation.The chapter one of this paper mainly introduced Gaojian system of Qin Dynasty, startedfrom The book of Shang of Shangyang，including the meaning of Gao and Jian，and the typesof Gaojian crime.The chapter two of this paper mainly introduced the type of Gaojian.Gaojian includesforcing Gaojian and unforcing Gaojian. Forcing Gaojian is composed of Shiwu Gaojian,thelaw of official Gaojian，the law of relativies Gaojian, Zhiqing Gaojian and Junwu Gaojian.Among them, Shiwu Gaojian is the most characteristic. Unforcing Gaojian is composed ofShanggao and revenge Gaojian.The chapter three of this paper mainly introduced the procedural requirements of the QinDynasty Gaojian system, including Classification of Gaojian in the prosecution stage, severalcases of unaccepted Gaojian, including Feigongshigao, zhougao, jiazui and generalprocedural requirements, such as Anonymous Gaojian ban, Presumption of guilty,Presumption of innocence, investigation, the attention of evidence in trial, in order to uncoverthe procedural requirements completely and reflect legislation technology.The chapter four of this paper mainly introduced practical investigation of Gaojiansystem, which is the Echo and continue of the chapter two, including the positive result andthe negative results which the Gaojian system brings. Positive results includes Gaojianinsanity, give jenn-air sealing hou, money rewards, negative results includes Lianzuo,WugaoFanzuo. The chapter five of this paper mainly introduced the thought causes for the qin Gaojiansystem. The qin Gaojian system is made by ShangJun who draw on the experience of theformer and fused his legal thoughts. So this part mainly analysis from ShangJun thought,based on the The book of Shang,analyzes the thought causes of Qin Gaojian system fromtheory of human nature, FaZhiLun and looters, and introduces the Confucianism compositionof Gaojian system.The chapter six of this paper mainly introduced the social evaluation of qin Gaojiansystem. Qin Gaojian system got strong execution, and caused great influence to the society,good and bad, this part mainly perform an evaluation from both the positive and negativeaspects of the Gaojian system. Positive evaluation is mainly implementation of the Gaojiansystem so that the people is service for agriculture and war better, national strength has beengreatly upgraded, make good conditions fot the material basis of the later unity, and hit theslave system, promote the personal liberation of slaves, perfect system design and basic leveladministrative organization also provide modern law with the reference. Negative evaluationis mainly about Gaojian system emphasis on the rule of law too much, and ignore humanfeelings, pan-moral put a heavy yoke on the people, punishment without level did not getimplemented, and false accusation become ethos, list the type of legislation technology is tobe raised.