Study Of The Qin And Han Dynasties

Law of learning is an important part of ancient Chinese legal culture, in the history of legal systemin ancient China, occupies an important position.In the tradition of the ancient Chinese legal culture, is alarge part of the law of learning tradition, it not only in theory, ideology, the concept of academic point ofview such as level, but also affect the ideological even thinking method, etc.Or you can say for sure, thedeveloped degree of law education and the achievements, has become the important measure of the ancientChinese legal system civilization advanced or not.Law of learning outcomes as appendages of statute lawin different periods, on the one hand expanded the law, on the other hand, solved due to the diversity of thestatute of abstract and concrete cases brought by many difficulties.It is in order to solve the problem of theconcrete judicial and the emergence and development.And law of learning as a kind of professionalknowledge or skill, constitute the judicial correctly apply laws of the subjective conditions.Qin and Han dynasties gave birth the law science, this article is based on law of the Qin andHan dynasties, the study focus, hope to be able to grasp the content of Qin and Han dynasties law sciencedevelopment.The author thinks that the ancient Chinese legal scholarship and legal education can learn,collectively known as the law further embodiment, clarity is refers to annotation activities of the law (legalscholarship) and law as well as the works of the law teaching activities (legal education).It to clarify the law,and analyze the legal concept and legal principles, explain the terms, and teaching and cultivating talentsfor the basic content of the law: such as Qin The Legal Questions and Answers, Tang Tang Lv Shu Yi, andthe setting of Dr Law during the Wei Jin period.In exploring the origin of Chinese ancient law study, thispaper mainly from three aspects: First, the source and law terms appeared in the period of the Hou Zhao of Sixteen Kingdoms. Shi Le profess Zhao Wang in319, and seal the officer Jue, wantonly appointed thearmy Xu Xian and Yu Jing, taken as Lv Xue Ji Jiu scene. Second, the origin of the practice of the law oflearning, in fact, research, explain the activities of the law as early as the Spring and Autumn period hasemerged, specifically to this period for code, the interpretation of the law and research.Third, law sciencetheory origin, mainly from the law of learning object base-law development mature;The birth of lawscience talents base-official and private;Law of learning the inevitability of-academic departmentalrequirements, are detailed in this paper.In this paper, the author studies on law of Qin and Han dynasties, the study generally includesthree aspects: the content of the the Qin and Han dynasties or relying on the form of the cause of lawscience development;Learn typical results of Qin and Han dynasties law;The law of Qin and Handynasties.In this period is a rapid growth of the Qin and Han dynasty, the Qin dynasty of Shang Yang forother law, combined with the Law as taught Officials Teachers rules make the law of Qin dynasty producesmasterpiece--The Legal Questions and Answers, imparting law but there are a great way to Officials asTeachers.Came in the early western Han dynasty law assembly-The Second Year Law, while the privateand official parallel, complement each other, and for this period inheritance provides a more efficient wayof law, and perfect and more to follow in the later dynasties.Privately revenge by the Eastern Han dynastysociety frequently, this causes the propriety and law to accelerate running-in, promote the development ofthe law of learning during this period. Especially The Law of Chapters have emerged gradually eased theprivately revenge this contradiction;This period law of inheritance are still continue the authority of theformer generation establishes parallel mode.Scientists a face at the time of the book of the law of Qin andHan dynasties, the interpretation of laws provisions in professors disciple legal doctrine again at the sametime, for the development of the law of the Qin and Han dynasties, the study is born at the time, of course, the law of learning has its own characteristics: first, the law of the content of the literature is quite rich,more detailed comments.Second, the law of the Qin and Han dynasties, the study is given priority to withexplanation of criminal law, the law explanation in parallel.In the end, is characteristic law of the Qin andHan dynasties, the study of older generations.And six aspects of influence on later generations: the first,started to enroll the tradition of law, the second, started as a government’s legislation of codified laws ofexplanation of traditional at the same time, the third, started to explain the definition of law, expanding therestrictive interpretation tradition,the fourth, private and official parallel, common development, forposterity, a professor of law and the inheritance provides a paradigm, the fifth, created the law annotationactivities implement parallel tradition of authority and private, the sixth, law directly affect the learningresults and the legal practice of future generations.In short, Qin and Han dynasties, a professor of law tolearn through private and official and inheriting the country’s legal talent new generation, so as to protectthe country’s law at the same time, more the maintenance of the rulers of supreme power and position.Atthe same time, the law of the Qin and Han dynasty through the interpretation of the law of righteousness,discrimination, can enhance the operability of national legislation, but also more help to promote theworking level of the judicial officers at all levels, thus to improve the accuracy of the scientific nature ofthe legislation, the applicable law and judicial efficiency.Also further the applicability of the unifiednational law and national law at all levels of coordination and operation, it may be said to be quiteprominent practical significance of the Qin and Han dynasties and later ages old.Law of learning in the long history of China’s rivers, not only the legislative, judicial and legaltheory development gradually perfected, and the use of the content of the law and legal words explanationmade relatively accurate definition, more has positive role on the historical development trend.