| "Han Shu" as China's first biographical history of dating in the history plays an important role. "Criminal Law" as "Han Shu" an important chapter has considerable research value. Research which legal thought, can first understand the Han mainstream historians published for legal origin and legal point of view; secondly, through the interpretation of the concept of justice OF explore their attitudes to the Confucian view of law; and again, by the author of corporal punishment Thought huge Finally, the author of the relationship between morality and law were discussed in detail, learned Han "virtue, etiquette and use" of the law; evaluation old penal system, to explore its time objective understanding of the social environment, the penalty structure influences. Research on a series of legal concepts in Ban "Han Study of Law" in the integration, we can more fully understand the ancient times to the Ideological Development of the Western Han Dynasty law in theory and in practice can have a more ancient Chinese history Deep research.For Legal Thought "Han Study of Law", to its legal origin theory, legal theory published, judicial view, corporal punishment as well as Germany and France Concept Concept were five parts. At the same time, because of "Han Shu" written by many hands, it is necessary to "Criminal Law" chapter of the authors research. Analysis of various types of historical data related records, we know that, "Han Study of Law," the author Bangu I doubt, therefore, research "Han Study of Law" in Legal Thought is essentially a study Ban's legal thought."Criminal Law of Han Shu" listed by the Chinese before facts, records monarch dialogue, citing the ancient classics and other ways to express the author's legal thought, main ideas include: The law originated in the war and moral support publication of laws and endorsed the Confucian ideas in judicial influence, against the Han Emperor abolish corporal punishment, focusing on the relationship between Germany and France. On the Ban of these ideas are included profound Confucian thought, reason, because in the first years of their lives, the law of Confucianism has been developed to a certain stage, Confucianism has become the official ideology of the State, and thus in the Criminal Law author Ban the showing was influenced by Confucian ideas are political context; secondly, from the family environment, childhood living in Ban o F Confucian official family whose ancestors Five are deep study of Confucianism, so it must also deeply influenced by Confucianism; again, the value of its own choice, the other table of contents in the "Han" in the works of other authors and Ban Gu, we can see his personal esteem for the Confucian incomparable and praise. Thus, we come to "Han Study of Law" as the guiding ideology of Confucianism conclusions."Criminal Law of Han Shu" All articles convey the basic principles "Cautious Punishment", "Benevolent Government" and other Confucian, from opening the legal origin of the inquiry to the end of the "meritorious Lishi" political appeal, reflects the strong Confucianism tendencies. The thought of such a law now pay attention to people's livelihood issues of deep social impact of the rule of law, it is exploring "Criminal Law of Han Shu" in Legal Thought also has considerable practical significance. |
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