The Study On Criminal Intention And Negligence In The Legal Documents Of Qin And Early Han Dynasties

This thesis mainly studies the status,representations and characteristics of criminal intention and negligence in the law of Qin and early Han Dynasties,as well as their situation of application in condemnation and penalty measurement,which expounds the further study of the principle and influence of imputation in the law in this period.In research methods,the author uses th e theory of modern criminal law for reference,and combines with law materials of bamboo slips in Qin and Han Dynasties,in order to make comprehensive research on the criminal intention and negligence in this era.In modern criminal law,the offence is th e important part of the tranditional theory of constitution of the crime(“four-requiremented” theory).Including the criminal intention and negligence,it is the secondary concept of subjective aspect of crime.Meanwhile,the offence in ancient China gene rally comprises intention and negligence,which appears in literature such as Shangshu and Zhouli in pre-Qin period.Its appellation and connotatiln have transformed constantly as the development of history.The author primarily introduces the research background,status and thought in the first chapter,and presents the historical development of criminal intention and negligence as well as their major performances in the law of Qin and early Han Dynasties in the second chapter.The third chapter is the crucial part of this thesis.In this chapter,utilizing the law materials of the bamboo slips such as Shuihudi Qin slips,Yuelu Qin slips and Zhangjiashan Han slips,the author meticulously studies the specific performance of criminal intention and negligence from four aspects:“Fu Zhi(弗知)”and“Jian Zhi(见知)”,accusation,trials and other situations.In the last chapter,the author summarizes the status,characteristics and influence on the criminate principle in later ages of the criminal intention and negligence in the law of Qin and early Han Dynasties.