The Historical Investigation Of The Principle Of Commitment Of Several Crimes Of The Han And Tang Dynasties

In the ancient criminal law of our country, the principle of several crimes has avery long history. Some scholars of the field of legal history believe that our country’sprinciple of several crimes originated from the Western Zhou dynasty. The earliestrecord of the principle is in the book of “Shang Shu”. The record is ‘All punishmentsand criminals must be recorded in the legal documents’. However, from the record,we can know that there is no explicit concept of several crimes in the Western ZhouDynasty. When was the concept of several crimes definited? How did the name andcontent of this principle change in Chinese ancient criminal law. This two problemshave been difficult to get solutions. There are numerous new archaeologicaldiscoveries in the twentieth century. Shuihudi Qin Dynasty’s Bamboo Slips andJiangling Zhangjiashan Bamboo Slips have been unearthed in succession. The twobooks’ abundant information and credible proof provide us the possibility of ourin-depth understanding of several crimes. Therefore, this article plans to study theprinciple of several crimes with the unearthed literature and handed literature， inorder to be beneficial to the research of this basic problem.This paper consists of introduction, body and conclusion. The introduction partmainly introduces the significance of topic selection, along with a brief research of theearliest record of the principle. This part also explains the research method and dataused. The body part is the main body of the article, and is composed of three majorparts:The first part introduces concept of the principle in Qin Dynasty, Han Dynastyand Tang Dynasty, and the differences between them. This part also summarizes theprinciple’s meaning and development process in the Qin and Han Tang period. At thesame time, this part analyzes the situation of applying this principle and thedifferences in this three dynasties.The second part introduces the main content of the principle in the laws of HanDynasty and Tang Dynasty. By detailed analysis of the laws and related case, this partdecrypts analyzes and compares how to apply this principle’s general provisions andspecial provisions. The third part summarizes the historical status, characteristics and far-reachingimplications of the principle.