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Study Of The Nai Punishment During The Qin And Han Dynasties

Posted on:2016-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2285330464957463Subject:Chinese history
Abstract/Summary:PDF Full Text Request
The Nai Punishment is a very common penalties name in historical records of the Qin and Han dynasties.With an increasing number of bamboo slips have been unearthed and translated,more and more historical records of the Nai Punishment appeared,in particular the publication of the Shuihudi Qin bamboo slips and the Han bamboo slips of Zhang Jia mountain,which provided a great deal of help to academic.There are a lot of research results concerning the Nai Punishment of Han of the Qin dynasty,but most of them focused on one or several aspects of the deal specifically,and comprehensive monographs are insufficient. And there is always different points of view on some issues.On the basis of a lot of previous research,in this paper,the author focused on several aspects of the Nai Punishment,such as the meaning,property,origin,applicable scope,mode of application,and the relationship between the Kun,Nai and Wan Punishments.This paper also discusses the disappearance of the Nai Punishment.I hope can express some meaningful additional views of the Nai Punishment in the Qin and Han dynasties.In this paper,the first chapter is focused on the meaning, property and origin of the Nai Punishment.The Nai Punishment generally defined as a punishment of beard shaving by the academic community.As a kind of humiliating punishments or hair punishments, the origin of the Nai Punishment is closely related to the traditional concept of ancient China,such as traditional ancient Chinese superstitions,the culture of filial piety and shame cultures in Chinese traditional culture.The second chapter is focused on the applicable scope of the Nai Punishment.In the bamboo slips and historical records of Qin and Han dynasties,there are a lot of cases about the Nai Punishment,including official dereliction,soldier discipline,theft,assault,dividing the spoils,etc.Law of Qin and Han dynasty to punish various crimes of the Nai Punishment were classified listing in this paper, and the author also compared the applicable scope of the Nai Punishment between Qin dynasty and Han dynasty.The third chapter is focused on the mode of application of the Nai Punishment.In the bamboo slips and historical records of Qin and Han dynasties,there are not only single "Nai",but also combines with some penal servitude,such as "Guixin","Baican","Lichenqie",etc.Therefore some scholars believe that the Nai Punishment is not only a kind of independent sentences,but also a kind of supplementary punishments.The author believes that single "Nai" is only means "Nai+some kind of penal servitude",in other words,the Nai Punishment only can be used as a kind of supplementary punishments.And it was prescribed that according to the identity of the offender,the principal penalty is different.The fourth chapter is focused on some understanding of "Kun","Nai" and "Wan".There are many divergence of views about this issue in the academic community.The author believes that the meaning of "Wan" is not same in different periods,and the relationship between "Kun","Nai" and "Wan" had been changed.In Qin and early Han dynasties,"Wan"meant "Kun",after Emperor Wen of Han reformed penalties,"Wan" meant complete.The last chapter is focused on the process of the changing and disappearance of the Nai Punishment.Scholars believe that Emperor Wen of Han reformed penalties and set the term of imprisonment,so the Nai Punishment was closer to imprisonment in the law of Han dynasty.To the period of the Wei and Jin dynasties,the meaning of "Nai" had been changed in law,it was no longer a punishment of beard shaving,but a general designation of imprisonment.In Qin and early Han dynasties,the Nai Punishment and corporal punishment against resistance,and formed a balance of sentencing,which could play a role in regulating the severity of the punishment.After Emperor Wen of Han reformed penalties,the balance had been broken,the Nai Punishment had gradually lost significance,this probably is the reasons for the disappearance of the Nai Punishment.
Keywords/Search Tags:Qin and Han dynasties, Penalty, the Nai Punishment
PDF Full Text Request
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