The Chinese law ran through the whole Han Dynasty from the rule of inaction to the rule of virtue and auxiliary punishment. During this period, there were 16 Chinese laws with nine chapters as the main body, which was the legislative achievement of the Han Dynasty in the past 400 years.
The construction of legal system in Han Dynasty further strengthened the centralization of monarchy, and its influence on later generations lasted for nearly a thousand years until the end of Qing Dynasty.
After the reign of Emperor Gaozu Liu Bang, he learned the lessons from the demise of the Qin Dynasty, paid attention to recuperation and ruled by doing nothing. He ordered Xiao He to reform Qin politics and formulate Chinese laws. On the basis of the six chapters of Li Kui Law Classics, Xiao He took three chapters of Contract Law and six laws of Qin Law in the early Han Dynasty, supplemented by Household Law, Prosperous Law and Stability Law, which were combined into nine chapters and became nine laws, generally called Han Law.
Nine-chapter law is the main law in Han dynasty, and other auxiliary laws are also named after law. This law includes Shu 18, Zhang Tang's 27 chapters, Zhao's 6 chapters and * *' s 60 chapters.
In fact, most of the laws of the past dynasties after the Han Dynasty are based on the laws of the Han Dynasty, which is the so-called legalism, which is not easy for generations.
After nearly 30 years' rest in the early Han Dynasty, the social economy recovered rapidly, the political situation became stable, and the crime phenomenon was greatly reduced. The original cruel and barbaric punishment system is increasingly unsuitable for the objective requirements of social development. Therefore, abolishing torture and reforming the criminal system have become the general trend.
In BC 167, Emperor Wen of the Han Dynasty issued an imperial edict to modify the current penalty system, starting with Ti Ying's imperial edict. This reform abolished corporal punishment legally, which is of great significance, but it is not ideal, and there are still some defects that need to be further improved.
During the period of Emperor Jing of Han Dynasty, on the basis of the reform of Emperor Wen of Han Dynasty, the reform of criminal system was further deepened. After the reform of criminal system in Wenjing period, great changes have taken place in the criminal system of Han Dynasty.
The Han dynasty has established a fixed term of imprisonment for labor punishment. According to the old documents of the Eastern Han Dynasty and Wei Dynasty, five years' imprisonment was given to the imperial concubine, four years' imprisonment was given to the imperial concubine, three years' imprisonment was given to the ghost, two years' imprisonment was given to the staff sergeant, and one year's imprisonment was given to the male and female servants.
In addition, there are some irregular labor punishments, such as losing to the left, losing to the right, losing to Ruolu and so on. That is, sending some prisoners to ancestral temples, cemeteries, palaces, roads, gardens and other projects under the control of general or Shaofu government agencies to engage in some hard labor or handyman.
Border migration was first in the Qin Dynasty, but it remained unchanged in the Han Dynasty. At that time, for the multiple purposes of benefiting the frontier for life, moving to the frontier was regarded as an alternative punishment to reduce death, and a large number of felons and their families were moved to the frontier to serve their sentences. In fact, it was a treatment measure combining punishment with immigration.
It not only pardoned the life of the condemned man, but also showed the kindness of the court. It also provides a large number of labor for the economic development of border areas, saves the cost of transporting rations for border defense construction, and avoids the potential threat of these dangerous felons to the ruling center in the mainland, which can be described as killing two birds with one stone. According to the law, anyone who moves to the border is not allowed to leave the border or return without the permission of the court.
The redemption penalty in Han dynasty followed the Qin system. In addition to money, food and money, there is also a way to punish illegal officials. In particular, at that time, a new system of female apprentice Gu Shan was established, also known as hiring a mountain, so that female prisoners could pay 300 yuan a month, and the government hired people to cut down mountains and engage in labor to redeem prisons. So this system is also a kind of redemption.
With the Confucianization of the laws in the Han Dynasty, in order to maintain and strengthen the autocratic imperial power and centralized monarchy, the laws in the Han Dynasty stipulated a set of corresponding charges and penalties.
The crimes stipulated in the Han Law have raised the status of autocratic imperial power and centralized monarch to the height of superstition and deification. For example, the crime of changing the imperial edict, that is, pretending or lying about the imperial edict to give orders or carry out actions.
If you commit the crime of trampling, you must clear the way for the emperor to travel and prohibit outsiders from passing. This is called trampling. Anyone who collides with the emperor's ceremonial duties, rides a bus, or evades in time constitutes a crime of trampling.
In fact, the punishment for strangulation is often extremely heavy. In addition, there are crimes such as immorality, disrespect, disrespect, infringement, deviance and slander.
The provisions on ownership in Han Dynasty mainly include the ownership of land and other properties. As far as land ownership is concerned, state-owned and private ownership still coexist. Are protected by law, and no one is allowed to infringe upon them at will.
With the rapid development of social economy in Han Dynasty, the relationship between buying and selling was very active, and legal provisions such as concluding contracts appeared. The laws of the Han Dynasty protected legitimate business relations.
With the increasing frequency of economic activities, the loan relationship in Han Dynasty was also quite developed. According to the Han law, anyone who lends money to others must charge interest and pay a certain tax; Illegal interest rate hikes, or tax evasion, or overdue loans will be punished by law.
In terms of family relations, the laws of the Han Dynasty established the principle of paternalism with the father as the son. According to the Han law, anyone who is unfilial to his parents or violates the patriarchal rulers is sentenced to death by abandoning the city; Beating and killing parents is a felony, and all of these are costly; Even if the crime of son preference is reported, it should be punished as unfilial. For example, Liu Ci, the king of Hengshan in the Western Han Dynasty, abandoned the city for unfilial crimes because he denounced his father's rebellion.
In order to develop social economy, the Han regime promulgated some laws to protect agricultural production. For example, as soon as the Western Han regime was established, Emperor Gaozu issued a decree: soldiers were demobilized and returned home, refugees returned to the county, the original farmland houses were restored, and fields were divided according to their work.
Those who sell themselves as maids because of hunger will be exempted from Shu Ren, which will increase the labor force. Anyone who does not carry out this order will be punished more severely. The Han dynasty also relaxed land restrictions, lifted the ban on mountains and rivers, and allowed people to farm; Reduce the burden of land tax; Attach importance to water conservancy construction.
The taxes in Han Dynasty mainly include land tax, population tax and asset tax. Land tax, also called land rent or land tax, was the fifteenth tax in the early Han Dynasty. Wendi reduced the tax by half twice, and then exempted the tax 13 years; Jingdi changed to 30 taxes and one tax, so it was customized.
Population tax is levied per capita. Minors aged 7 to 1 14 are promoted to 23 yuan every year in 20 yuan after Emperor Wu, which is called luck to eat or money. /kloc-adults aged 0/5 to 56 are calculated once a year, and 120 yuan is levied. This is called tax calculation.
Asset tax, also known as calculation tax, is levied at the rate of 120 yuan per 10,000 yuan of property.
The obligation of class service is divided into military service and corvee. It was stipulated in the early Han Dynasty that when a man reached the age of 17, he was registered as a servant, which means he has reached adulthood. When you began to serve, you were called a pawn. In the second year of Jingdi, it was changed to 12-year-old Fu Ji, and later changed to 23-year-old Fu Ji.
Military service after a stroke, one year as a county soldier, one year as a border guard, or as a city guard. The rest of the corvee, one month per person per year, is called multi-service; Soldiers in active service are called more soldiers. The person who serves in person is Geng Jian, and the person who pays for the service is Guo Geng. The service fee was discounted to 300 yuan every month, and later it became a fixed tax, called overpayment.
In the early years of the Western Han Dynasty, the private administration of salt and iron was implemented, and the government only collected its taxes and interests. Emperor Wen of Han relaxed the ban on Shanze and reduced the tax on salt and iron, and a large number of private enterprises operating salt and iron wealth appeared.
After Emperor Wu of the Han Dynasty, it was changed to salt and iron official camp, and 35 salt and iron officials and 48 iron officials were set up throughout the country to manage the production and sales of salt and iron in a unified way. Since the Han Dynasty and the Emperor Wu of the Han Dynasty, the laissez-faire policy of private ownership of salt and iron has been restored, and taxation has been used as a legal means of state regulation.
In the early years of the Western Han Dynasty, the state controlled the right to coin, and enacted laws and regulations such as the Money Law and the Money Stealing Order to prohibit people from stealing money privately. However, due to the poor quality of the pod money cast by Gaozu, it took too much copper to change it into eight baht when it was high, so Emperor Wendi changed it into four baht, and at the same time abolished the money law and the money stealing order, allowing private casting.
When the ban was lifted, not only the number of coin minters increased, but even some farmers abandoned agriculture to mine and cast money, and the copper coins cast were seriously adulterated and of poor quality. Although there were strict laws at that time, it still could not change the phenomenon of currency confusion. So Emperor Jing of Han once again promulgated the market law on the abolition of counterfeit gold coins, which placed the right to coin under the control of the state.
In BC 1 13, the Han Dynasty restored the power of local counties to the central government, and the three orders of Jun Shu, Guan Zhong and Bian Tong, which belonged to Shuiheng, exclusively cast five baht. Since then, a unified five-baht currency system has been established.
After Emperor Wu of the Han Dynasty, in order to curb the profiteering of wealthy businessmen and solve the country's financial problems, the method of equal loss and equal division was implemented to standardize the commodity trading and circulation in various places and stabilize market prices.
Equal loss method is that farmers set up equal loss officials in counties and townships, transport local native products that should have been shipped to Beijing to other places for sale, then buy other goods for exchange, and finally deliver the goods needed by Beijing directly to Guanzhong.
The leveling method is to set up a leveling officer in Beijing to receive the goods that are lost on average all over the country, and buy cheap and sell expensive according to the fluctuation of market prices, so as to adjust supply and demand and stabilize prices.
The implementation of equal loss leveling method has avoided the unreasonable phenomenon that goods are not needed everywhere, reduced the transportation cost, and overcome the phenomenon that merchants hoard and drive up prices.
The judicial organs in the Han Dynasty basically followed the Qin system and remained the central and local systems. Ting Wei is located in the central government and is the highest permanent judicial organ. Under the Chief Executive Ding Wei, there are positive, left and right supervisors.
When Xuan Di proclaimed himself in the Han Dynasty, it was added on both sides. In the Eastern Han Dynasty, there was a right supervisor and a right supervisor, only a left supervisor and a left supervisor. However, Tingwei House has 140 officials, and its organizational structure has expanded.
On the basis of inheriting and perfecting the emperor system and the system of three officials and nine ministers, the Han Dynasty established a cabinet system of ministers developed from China and North Korea. This marks that the head of the government, known as the "three fairs" headed by the prime minister, has become a nominal position, and his power has basically shifted to the bookshop controlled by the emperor. To participate in decision-making, the three fairs need the appointment of the emperor and record the history.
In terms of local political system, the Han Dynasty implemented the county system and the enfeoffment system. A series of measures conducive to law enforcement have been formulated.
The litigation and trial system in Han dynasty was also relatively complete. Litigation and trial procedures include prosecution, trial and review, appeal and report, and detention. The legalization of trial in the spring and autumn and the institutionalization of execution in the autumn and winter are the important manifestations and signs of the beginning of Confucianism in the judicial system in Han Dynasty.
Prison judgment in the Spring and Autumn Period is a principle, method and system of breaking the prison by judging cases in Han Dynasty. It is a direct reference to the Confucian classics represented by Chunqiu as the legal basis for hearing cases. Therefore, it is also called "breaking the prison in the Spring and Autumn Period", "quoting classics" or "sentencing the prison with righteousness", which is an important manifestation and symbol of the legalization of Confucian classics.
In the Han Dynasty, there were strict time limits for the trial, judgment and penalty execution of major cases. Any death penalty is usually executed from autumn to winter solstice, so it is called autumn and winter execution.
The theoretical basis of this system is Dong Zhongshu's theory of yin-yang, five elements and the theory of induction between man and nature. He believes that spring and summer is the season of growth and recovery of all things, so it is necessary to preserve health and morality, and it is not advisable to kill against the sky; Autumn and winter are the seasons when everything withers, and the death penalty conforms to heaven.
This execution system with strong religious superstition conforms to the basic spirit of the Spring and Autumn Period, is the product of Confucian religious theology, and is another typical symbol of Confucian judicial system in Han Dynasty.
Emperor gaozu liu bang, word season. The founding emperor of the Han Dynasty, posthumous title Gao. China is an outstanding politician and strategist in history. He is concerned about the protection and development of China culture. At the beginning of the founding of the People's Republic of China, he ordered Xiao He to formulate nine laws, which became the fundamental law of the Han Dynasty and made outstanding contributions to the ancient legislation of China.
When Ti Ying wrote to Emperor Wen of Han Dynasty, Chunyu Kun, Ti Ying's father, broke the law and was punished by the law. His youngest daughter, Ti Ying, wrote that she was willing to redeem her father for the handmaiden, because the dead could not be resurrected, the tortured could not be restored to their original state, and there was no way to turn over a new leaf. Emperor Wen of Han was very moved after reading it, and thus began the reform of the penalty system to abolish corporal punishment.
Liu Shuang is the eldest son of Liu Ci, the king of Hengshan Mountain in the Western Han Dynasty, and the great-grandson of Liu Bang, the emperor gaozu of Han Dynasty. Liu Shuang was puzzled by this family, so Liu Ci formally wrote to Emperor Wu of the Han Dynasty, demanding the abolition of the double. When Liu Shuang heard this, he sent someone to Beijing to find Emperor Wu of Han Dynasty and sue his father. Finally, Liu Shuang was sentenced to be beheaded because he was not filial to his father.
The fiscal policy implemented by Emperor Wu of Han Dynasty in Yantie Guanying. People who cook salt cast iron privately will be punished. Although this policy played a positive role in increasing the national fiscal revenue, restraining the influence of businessmen, and improving and popularizing advanced technology, it also inevitably had some disadvantages in feudal official enterprise.
Five baht money in 65438 BC+065438 BC+08 BC, the Central Plains issued five baht money, which opened the precedent of five baht money in Han Dynasty. It is the longest-used currency in the history of coins in China, and it is also a coin with weight as the monetary unit. It played a certain role in China's 5,000-year history of currency development and laid the tradition of China's square hole.
Dong Zhongshu was a thinker, philosopher, politician and educator in Han Dynasty. He summarized the Confucian ethical thought into three cardinal guides and five permanent members, and Emperor Wu of the Han Dynasty adopted Dong Zhongshu's suggestion. Since then, Confucianism has become the official philosophy and continues to this day. His works were included in the book Spring and Autumn Stories.
Zhang Shizhi personally interrogated the driver who surprised the emperor. The man argued that he hid under the bridge only after hearing the order to clear the road and prohibit people from passing. After a long time, thinking that the emperor's motorcade had passed, I came out from under the bridge, saw the emperor's motorcade at once and ran at once.
Zhang Shizhi found out the cause and effect of the matter and went to see Emperor Wen. He said: Tingwei is the leader of fair law enforcement in the world. Law enforcement in the world will be arbitrary or light or heavy, and people will not be at a loss. May your majesty see it clearly.
Emperor Wen of Han listened to Zhang Shizhi's words, and finally reason overcame emotion and agreed to be lenient.