| Law is the backbone of a country and the essence of governance.Among them,"theft" is the most urgent issue for those in power."The Records of the Grand Historian-Criminal Law" directly places the prevention and treatment of theft in the top priority of the king’s governance.It is the core guiding ideology for rulers in later generations to build a legal system."Theft" is one of the important crimes in the ancient Chinese legal system.Property crime is a very serious criminal behavior,which usually includes means such as theft,robbery,and fraud,aimed at illegal possession,acquisition of public and private property,or intentional destruction of public and private property.In ancient China,because property was of great significance to people’s survival and development,crimes related to property have always been a top priority for legal sanctions.As early as the pre-Qin period,crimes that illegally gained property by means of theft,robbery,or fraud had already appeared in large numbers,which was very important for the government.Therefore,the legal system of ancient China attached great importance to protecting property rights and adopted a series of measures to combat crimes related to property.By clarifying the scope of the legal offense of "theft" and the corresponding content in the bamboo slips,subsequent research was carried out based on the bamboo slip texts,supplemented by research on specific cases and later surviving literature.With the help of the newly discovered Qin bamboo slips in the "Yuelu Academy Collection(VII)",the formation of the crime of theft and the formation of the offense of "comparing with theft" were explored.It was investigated whether it was a comparison for conviction or punishment.By mutual confirmation of the bamboo slip texts,the legislative ideas of "Han inherits Qin’s system" were investigated.Finally,in combination with the previous discussion,it was understood how the rulers of the Qin and Han dynasties used legal means to exert the effectiveness of the law.Part 1: The Origins and Evolution of Theft in the Qin and Han DynastiesThe primary focus of this section is to trace the origins of theft in the Qin and Han dynasties by examining the concept of "theft" and reviewing its connotations and extensions since the Spring and Autumn period.Starting with oracle bone inscriptions and combining the research results of previous scholars,this section will sort out the origins and changes of the meaning of the word "theft." It will also analyze the historical evolution of the crime of theft and the establishment of the "Law of Theft" in the Qin and Han legal codes.Part 2: Analysis and Examination of Newly Discovered Qin and Han Bamboo SlipsThis section will analyze and examine the characteristics of theft crimes in newly discovered Qin and Han bamboo slips from the "Yuelu Academy Collection(VI)" and "Yuelu Academy Collection(VII)" that are related to the crime of theft.Part 3: Punishment of Criminal Types and Principles of Punishment for Theft Crimes in the Qin and Han DynastiesThis section will summarize the punishment of criminal types and principles of punishment for theft crimes in the Qin and Han dynasties.It will explore why theft crimes were so prevalent and why the punishments were so severe.The types of theft crimes in the Qin and Han dynasties were classified into property crimes,personal crimes,and other crimes.The principles of punishment were inherited and developed from the Qin to the Han dynasty and included principles such as the calculation of stolen property,the principle of timely punishment,the principle of avoiding punishment,and the principle of comparing with the crime of theft.Part 4: Punishment Measures and Prevention Systems Adopted in the Qin and Han Dynasties to Combat Theft CrimesThis section will examine the punishment measures and prevention systems adopted in the Qin and Han dynasties to combat theft crimes,including the law of guilt by association and the principle of proportional punishment.Part 5: Legislative Spirit and Enlightenment of the Qin and Han DynastiesThis section will explore the legislative spirit and enlightenment of the Qin and Han dynasties in the context of the history of ancient world criminal law.The similarities between the two dynasties lie in their efforts to maintain social order and stability,followed by the protection of public and private property. |
