Study On Family Crime Of Qin And Early Han Dynasties

During the Qin and Early Han Dynasties,the legislative structure and judicial model of family internal crimes were initially formed,which had a profound impact on the formulation and resolution of future family and family legal issues.In the past,the study of the internal crimes of Qin and Han families in the academic circles was mostly based on the handed down literature,while the handed down documents recorded more of the upper aristocrats and lacked attention to the middle and lower social families.The Shuihudi Qin Bamboo Slips and the Zhangjiashan Han Bamboo Slips also provide new historical materials for the study of the Qin and Han family legal norms.In the past ten years,with the release of Yuelu Qin Bamboo Slips,it has been published in batches,especially in the collection of the “Yuelu Qin Bamboo Slips(Third series)”,“Yuelu Qin Bamboo Slips(Fourth series)”,“Yuelu Qin Bamboo Slips(Fifth series)”,and found many judicial cases and legal provisions concerning domestic crimes.On the basis of summarizing and comparing the relevant law provisions and judicial cases in the Shuihudi Qin Bamboo Slips,the Zhangjiashan Han Bamboo Slips and the Yuelu Qin Bamboo Slips,combined with the records of the handed down documents,this paper conducts an in-depth and comprehensive study on the internal crimes of Qin and Han families.The paper begins with a discussion of the killing behavior among members of the Qin and Han families,and studies some of the most serious violations of family relationships.This part first discusses the killing behaviors that occur between parentsand children,and specifically analyzes the problems of children's infringement of relatives and parents' killing of children.Then it discusses the killing behavior that takes place between the husband and wife.In addition,the killing behavior between the master and the slave is also discussed.Although the slave status is attached to the owner,the law still protects the right to life and health.This section concludes with a discussion of the killings that occur between other relatives.The subject of the crime is between the same family and the relatives of the husband and wife.Through the analysis of the relevant laws and regulations in the unearthed simplifications,this part sorts out the killing behaviors among the members of the family during the Qin and Han dynasties and the related legal issues.From this point of view,as early as in the Qin and Han dynasties,from the national legal level,the relationship between family members and the esteem of the family members has been clearly distinguished,and the rights and obligations between the esteems and humiliations are clear,and the slaves of family property are still given certain legal protection.It can be seen that the law and every member of the family at that time.After clarifying the relationship between the family members and clarifying the internal level of the family,the article then discusses a criminal behavior that has a major harm to the internal ethical order of the family—Jian between family members.This part divides the act of Jian into two categories: adultery and rape.First of all,it discusses the adultery that occur among members of the family.It is mainly divided into two types: relatives and traitors,master slaves and traitors.It then discusses the rape that takes place among members of the family.Based on the analysis of the relevant laws and regulations in the legal documents unearthed in the Qin and Han Dynasties,this part of the study sorts out the “Tian and Shi Adultery” and “Dezhi rape abandoned wife” in the “Yuelu Qin Bamboo Slips(Third series)”.Legislation and judicature combined to examine the legal regulation of the behavior of members within the family during the Qin and Han Dynasties.The article concludes with a discussion of the differences in the rights of litigation and related criminal liability brought about by the relative status of the Qin and Han family members.Firstly,the family members' right of action is discussed.From thebasic concepts of “Googshigao”,“Feigoogshigao” and “Jiazui”,the rights of family members in the Qin and Han dynasties to report the crimes of relatives are studied.Then it discusses the criminal joint liability among family members,which is divided into two aspects: First,under what circumstances family members are subject to criminal joint liability,including piracy,death,rebellion,violation of parents,robbery,etc.Second,under what circumstances family members can be exempt from criminal joint liability,including excuses for crimes and other excuses.In summary,the management of the family and the legislative norms,which has been fully launched in the Qin Dynasty,and some of the specific management regulations are more strict than those of the Tang Dynasty.At the same time,the emphasis on and management of the family and the clan is not the difference between Confucianism and Legalist.In the Qin of the legislation,which is like the autumn,it strengthens the management of the family and the clan.On the one hand,it is conducive to maintaining the internal order of the family,on the other hand,it is also strengthening an effective way to manage the local people and control the people.In short,during the Qin and Han Dynasties,there were meticulous and complete legal norms,excellent and superior legislative techniques,and the law adopted the adjustment of the internal crimes of the family,aiming at maintaining the order of the male and female,and the order of the young and the old,thus maintaining family harmony and stability,and guaranteeing the long-term stability of the country.