The Legal Ideology Of Zhangjiashan Bamboo-slip Texts

Before the Zhangjiashan Bamboo-slip Texts was excavated, the study on the ideology of law in he early years of Han Dynasty usually depends on the historical writings. While the Zhangjiashan Bamboo-slip Texts, which systematically reflects the law institution of the early years of Han Dynasty was discovered, it is conceivable for us o probe into the ideology of law in the early years of Han Dynasty. The ideology of law appearing the Zhangjiashan Bamboo-slip Texts, means the general iaeas of Han Dynasty in the early time. It is not only a inspiration to the study on the ideology of law of Qin and Han Dynasty, but also is important to the study on the Chinese ideology of law.Attaching importance to stick up for the regality is the main character of Chinese ideology of law in the feudal society. The ideology of law appearing the Zhangjiashan Bamboo-slip Texts, which was incarnated in its law system, approved of 'enhancing law management' and 'cruel torture' to maintain the reign and authority. This will change the traditional viewpoint received widely, which claim the ideology of law in the early years of Han Dynasty was directed by Huang and Laotzu thoughts, quiet and inaction, simplifying the law and saving the punishment. From the aspect of ideology of clan law, the maintenance of father right on person and property in The Laws and Decrees of The Second Year, followed the corresponding content in the law of Qin Dynasty and affected the ideology of clan law of Tang Dynasty. In the Clan, emphasizing the father right's irrefragable authority and leading station, considering wife and other family members as being attached to father, is the main idea of Zhangjiashan Bamboo-slip Texts. Slaves and maids are not treated as family members. They were regarded as property and had no personality. Zhangjiashan Bamboo-slip Texts had thought much of the restriction of slaves and maids, affirmed punishing them with extreme stern and cruel torture. Except establishing the political station legally, Zhangjiashan Bamboo-slip Texts affirmed setting up a series of soil institutions, which guaranteed the householder's of the dominant role in the economics of clan.On accounting the character of Chinese feudal society is 'joining all the laws' and ' do not disport the criminal law and civil law', in the process of studying the Chinese law ideology, the law ideology in jural entity law institution has been deeply discussed. The procedure law system about guaranteeing the realization of right and obligation in Zhangjiashan Bamboo-slip Texts, offered abundant information for understanding the litigation thoughts of Han Dynasty in the early years, and also provided important datum and content.The commonness of law ideology in the eastern and western world in the Zhangjiashan Bamboo-slip Texts and the ancient Roman Law. They both attached importance to maintaining regality and clan, and treated slaves and maids as property, such were the common characters of their law ideology. Along with the morepenetrating into the law of the Zhangjiashan Bamboo-slip Texts, we will establish a completely new understanding on the law ideology of Han Dynasty, even of Chinese ancient law ideology.