The Study Of Fugitive Crimes In "Law Of Death" In Qin And Han Dynasties

Since the pre-Qin Dynasty,the fugitive prisoner has been a serious social problem that plagues the ruler.Relevant records of fugitive crimes in the handed down literature are not uncommon.However,due to the limitations of relevant materials,most of the records are various characters and cases of the fugitive crimes.There is no specific investigation,trial,corresponding sanctions and legal basis for the fugitive crimes.Therefore,the focus of those researches can only be on the classification and characteristics of criminal subjects,and it is impossible to carry out legal analysis and research.However,with the unearthing of a large number of literatures on bamboo slips and silks in recent decades,especially the discovery of the Qin bamboo slips of Yuelu Academy which includes Wanglv in Qin dynasty and the Han bamboo slips of Zhangjiashan.Combined with other unearthed literatures on slips of the Qin and Han Dynasties related to Wanglv,comparative study of Qin and Han fugitive crimes can finally be put on the agenda.The main purpose of this paper is to make a comprehensive analysis of the two Wanglvs and their related contents in the early Qin and Han dynasties,and to conduct a comparative study from the perspective of law,so as to explore the legislative thinking in the two different periods of Qin and Han and the internal reasons for the two thinking.In addition to the introduction,this paper is divided into five parts: the first part is the analysis of the meaning of "Wang"(flee),including the discussion of the legal and social significance of "Wang",as well as the introduction of the relevant legislation on fugitive crime in the Qin and early Han dynasties.The second and third parts are a comprehensive combing of Wanglv of Qin and the early Han dynasty and the relevant situations of fugitive crimes.The analysis is mainly carried out from the three parts: the subject of crimes,criminal acts and the correction of fugitive crimes,among which the third part also involves the issues related to Zou Yan Shu.The fourth part is a comparative study of Wanglv between the Qin dynasty and the early Han dynasty,from the perspectives of law application,law adjustment,conviction and punishment and a comprehensive analysis of Wanglv of Qin and Han dynasties,including the discussion of their legislative ideas.The conclusion is about their influence on later generations.