The Book Of Zouyan And A Study On The Litigation System In The Early Han Dynasty

From the end of 1983 to the beginning of 1984,a group of bamboo sheets were unearthed from a 247 tomb in Zhangjiashan,Jiangling,Hubei Province.The ancient tomb is the early years of the Western Han dynasty.The bamboo extracts from the ancient tombs are mainly classics,including "zouyan","law of the second year","calendar","count book","gailu","quote","pulse book" and "qiance".There are eight kinds of materials,including the law,calendar,mathematics,medicine,science and technology of the Han dynasty.Zhangjiashan recorded 22 cases in the period from the spring and autumn to the Gaozu in the Han dynasty,including 16 cases in the period of Gaozu,which were recorded in detail in the trial procedure,adjudication process,sentencing and conviction of criminal cases in the early Han dynasty,especially in the period of Gaozu,as well as in the form of written case documents.In addition,the records of counties and counties in the Qin and Han Dynasties,the capture of slaves in the Han Dynasty and the record of military titles are also important documents for studying the geography,division of state,slavery and the military system in the Qin and Han Dynasties.Based on Zhangjiashan,this paper analyzes five typical cases in the Qin and Han dynasties in Zhangjiashan.Case one is a record of a criminal case in the Qin Dynasty.The latter four cases are the trial records of the Gaozu period,which have the same content as the trial records of the Qin Dynasty.This article starts from Zhangjiashan,and draws up five typical cases in the Qin and Han Dynasties in which Emperor Zhangjiashan reported the case to the court.It is the source of the book.The five typical cases and other contemporaneous case records in the Book of Songs first show that the proceedings in the early Han Dynasty were the cause of the case.(a)The interrogation of the accused or related witnesses during the trial;(b)A summary of the circumstances of the case after the hearing;Conviction and sentencing of those responsible in the case after the trial;Reporting procedures for cases that need to be reported to be adjudicated.Secondly,for the cases in the Han gaozu period,from county(township)to county,to Tingwei prefecture,all according to the National administrative division,according to the principles of the place of trial,can be seen in the Qin and Han dynasty litigation system of territorial management.Again,by the words of the Songs,It is not only possible to understand that the implementation of the system in the period of GAO zu solved the social problem of the large backlog of judicial cases in the period of the early Han dynasty,but also known that the system was the reason for the formation of the "decision ratio" in the period of the Han dynasty.In the early Western Han Dynasty,the judicial system inherited the system of the State of Qin.Qin ruled the country with the rule of law,with remarkable results.However,law of Qin is characterized by the fact that one law deals with the matter,so the law is numerous and varied,but not enough to cover all aspects of social life.The Qin and Han Dynasties was an important period for the formation of the Chinese legal system,and the system of prison suspicion and punishment practiced by Gao Zu was the further development of the legal system in the Han Dynasty on the basis of the Qin Dynasty.