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A Research About Qin Bamboo Slips

Posted on:2014-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:L H ZhangFull Text:PDF
GTID:2256330425457165Subject:Chinese history
Abstract/Summary:PDF Full Text Request
The core purpose of this thesis is based on in-depth analysis the text and nature of Legal Question and Answer, exploring the two-layer structure of Qin legal system. This thesis mainly expands around three parts. First, according to the type of modern judicial interpretation, classifies all the provisions of the Legal Question and Answer, argument that it is an official judicial interpretation. Through the analysis of the reflected questions, pointed out that the Qin original criminal law contains the provisions of the Low Scripture. Then consider revising that Qin probably uses the Low Scripture as its criminal law.Second, comparative analysis of the Legal Question and Answer and Ernian Lvling, through the fact of Han laws inheriting and developing the Qin lows, we know that Legal Question and Answer has the same legal authority as the original criminal low. And it has been used until the early Han Dynasty; it is an important part of the original criminal low.Third, by comparing the deferent generating form of criminal low and the other law, the paper point out the nature of the Legal Question and Answer is a continuously developing law which supplements the original criminal law. Through considering revising, arguing that the relationship between Legal Question and Answer and Low Scripture likes using the biography to explain the classic. And use the relations as the starting point, to explore a two-layer structure of the Qin legal system.This thesis uses the Criminal Low bamboo slips unearthed in the Hubei Yunmeng Shuihudi Qin Tomb and Jiangling Zhangjiashan Han Tomb as the main material, combined with a small portion of the Qin bamboo slips excavated from Yuelu Academy and Liye, and some related historical literature to start the discourse. This article makes a comprehensive analysis of the text and nature of the Legal Question and Answer. And then, give the research of Qin legal system a new perspective. For which is fill in the blanks of such studies.
Keywords/Search Tags:Legal Question and Answer, Low Scripture, Criminal Low, using thebiography to explain the classic, a two-layer structure of the Qin legal system
PDF Full Text Request
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