A Comparative Study Of Ling In The Qin And Han

The formation of the ancient Chinese traditional legal system played a vital role in the maintenance of the traditional Chinese social form and the smooth operation of the political power.Laws and Ling,as the most important legal expressions,are China’s exploration of ancient Chinese legal forms.It is inseparable from the discussion of law and Ling,and the continuous publication of bamboo slips unearthed since the beginning of the last century has expanded the data source for the study of Qin and Han Ling.Previously,some conclusions about Qin Ling based on the "Han inherited the Qin system" were unearthed.The literature has been corroborated,and at the same time a new form of Qin Ling’s different from Han Ling has been discovered,which has expanded the understanding of Qin Ling,and brought a new situation in the study of Qin and Han Ling,and significant progress has been made in the research.However,because some unearthed documents are still in the preliminary stage of sorting out and publishing,scholars have many different views on the understanding of some issues and the analysis of basic concepts.Questions about the evolutionary relationship between the Qin and Han decree,the existence of the Qin and Han decree,and how the legal status of the Qin and Han decree should be judged still require repeated verification and verification of new materials.Therefore,this article attempts to combine the newly published materials such as the Qin bamboo slips from the Yuelu Academy,and on the basis of previous research results,from the perspectives of the source,nature and function of the Qin and Han decree,it is used to speculate on the development and evolution of the ling in the Qin and Han Dynasties.The law of development of legal forms.The first chapter of this article makes a comparative study on the source and compilation of Qin Ling and Han Ling,and analyzes the continuity and difference between Qin Ling and Han Ling from the perspective of external manifestations.By comparing the sources of the Qin and Han decree,it can be found that under the background of the Han Dynasty inheriting the Qin system,the Qin decree and the Han decree have roughly maintained continuity.The difference is that the Qin Dynasty embodies the characteristics of the era of major revision decree under the background of changing the law to the law.The king’s Ling of the system reflects that the Ling has a certain degree of arbitrariness at the beginning of its formation.In the Han Dynasty,the source of Ling was relatively stable and standardized.The codified features reflected in the compilation of Han Ling can also be traced to the source and trace of Qin Shi Ling’s compilation.Both the Qin and Han Dynasties paid attention to the role of Ling in social control.The ideal state of law enforcement was to prohibit Ling.Therefore,both the Qin and Han dynasties formulated strict rules and systems to ensure the issuing and effective of Ling.Therefore,the second chapter of this article mainly analyzes the transmission system of Ling in the Qin and Han Dynasties,and analyzes the effective process of Ling.Inadvertent Ling are likely to affect administrative efficiency.Therefore,both Qin and Han Ling have penalties for documents detained and improper Ling.The Han decree was further refined on the basis of inheriting the Qin decree’s provisions on the transmission of Ling,and made corresponding penalties for the detention in each link of the transmission process.In addition,we can see more detailed records about document delivery institutions such as post and home delivery in the Han Dynasty,as well as the Ling form of the "bianshu".We can also use the relevant historical materials of the Han Dynasty to play the role of the Qin and Han Dynasty in the transmission process of the Qin and Han Dynasty Ling.Make a reasonable speculation about the role of the "Bian Shu" and whether there is a similar form.Chapter Three compares the nature and effectiveness of the Qin and Han Ling on the basis of the previous two chapters,and analyzes the reasons for the changes in the Qin and Han Ling from the perspective of the evolution of legal forms.Qin Ling is actually difficult to get rid of the quality of the monarch’s Ling,while Han Ling has the nature of supplementary law,so the status and function of Qin Ling and Han Ling are also different.The evolution of the nature and effectiveness of the Qin and Han decree actually reflects the proper separation of the monarch and the state,that is,the proper separation of public and private in the formation of ancient Chinese laws.Through the discussion in the above three chapters,the author believes that Qin Ling and Han Ling show many similarities in terms of source and transmission method,but there is a clear distinction in nature and function.This is mainly due to the supplementary law in the Han Dynasty.Appeared.The emergence of the Han decree of the nature of supplementary law also has a watershed effect on the changes in the connotation of the separation of laws and regulations in ancient China.The trend of separation of laws and regulations before this is mainly reflected in the separation of the Ling of the monarch and the law,and the division of laws and regulations after that reflects ancient China The comparative study of the development and perfection of "laws" and "rules" in traditional legal forms is of great significance for understanding the process of separation of laws and Ling in ancient China,the evolution of legal forms,and the formation of the Chinese legal system.