A Study On The System Of Zou Yan In Qin And Han Dynasties

The Yuelu bamboo slips as the legal literature of the Qin Zheng period,and with Zhang Jiashan Han Bamboo Slips complement each other,these are indispensable historical materials.The two materials are combined with the historical documents.These documents not only become a hot spot for academic collation and interpretation,but also cause scholars to pay attention to the system of Zou Yan and do research.The‘Zou Yanshu',compiled by the prison cases,is a set of instruments of a legal nature,with a specific beginning,the main body and the end,which has been standardized in this period.According to the cases in the‘Zou Yanshu',this system of the Qin and Han dynasties has a relatively complete judicial procedure,such as Accuse,Confession,Interrogate,Jie(?),Examine,Ju(?),Lidang(??)and Tingbao(??),and the Timeliness within the scope of the law from the acceptance to Zouyan.The man who has the Zou Yan power is not the litigant,but the judge of case.Many of the criminal or civil cases involving complex,serious or national political issues reflect the problems in social management,such as Slaves,Fled,Thieves,Forged documents and so on.There are some changes in the system from Qin to Han in the time of Zou Yan,dealing with prison institutions and officials setting up and so on.This system of judicial practice plays an important role in the judicial trial,but it is not necessary process.The judicial practice of the cases of Zou Yan have two tendencies,light or heavy.This system implement for local country mostly for committed prison cases of laves,grassroots officials and others.In a certain sense,the system promote the Jue Shibi(???)of judicial trial institutionalized,maintain grassroots social stability,represent the justice in judicial procedure.