The Study Of Family Law In Han Dynasty

This doctoral dissertation choses the family law in Han Dynasty as research object,and it hopes to integrate the legal provisions which regalate the family relationships with actual situation of family relationships to explore the legislative purposes and the features about family law in Han Dynasty.Furthermore,it also tries to put forward the views about some controversial questions on the basic of ancient documents and unearthed documents .The construction of this dissertation can be divided into four parts:The first part is about the recall of the basic situation of family law during the Han and pre-Han Dynasties. Firstly, this part tries to review the basic situation of family law during pre-Han Dynasties briefly. And then it begins with the resources and ideas about the family law in Han Dynasty to explore the basic situation of the family law in Han Dynasty.The second part is about the implication of the key concept——“Tongju”in the family law of Han Dynasty. About the concept of“Tongju”, there are several controversial questions, such as, whether it needs two constitutional conditions——the same households and the same property relationships or not; whether it concludes the parents,wives and kids or not; whether it concludes the slaves or not. This part tries to make use of Zhangjiashan bambooslips of Han Dynasy and liye bambooslips of Qin Dynasty to research the meaning of“Tongju”.Meanwile,this part also exposes the real situation about the legal status of slaves and hosts on the basic of the explaination of“Zuoli, libuzuohu”.The third part is about the criminal legal norms which regulate the family relationships. This part concerns the family crimes and punishments, the criminal assosiated responsibilities between family people, the rights of exposing and suing parents owned by sons and daughters and so on. With respects to the family crimes and punishments , it focuses on the question about whether the unfilial crime concludes the behaviors of exposing and murdering the parents or not; As the criminal assosiated responsibilities between family people are concerned, it disscuses the conditions and ways of relieving and removing the criminal assosiated responsibilities between family people and it also infers the unequality of criminal assosiated responsibilities between husbands and wives on the explaination of“shoujilun”of“shoulv”;In regard to the rights of exposing and suing parents owned by sons and daughters, it distinguishes the abslute limitations and the relative limitations.The fourth part concerns the civil legal norms which regulate the family relationships.This part investigates the illegal marriage patterns regulated by the early law of Han Dynasty, the property rights of wives, the legal status of concubines and sons-in-law living at wife's parent's house, the differences and reasons on inheritage between family people and so on.After the study of the four parts mentioned above, on one hand, the dissertation induces the legislative purposes, such as family relaitonships obey to national political benefits ,maintain the harmony and steady of family,standizes the high and low grade in family and so on. On the other hand, it summarizes the features about the family law in Han Dynasty compared with the family law of Tang Dynasty.Such as, the female got higher status in family; the boundaries of identities and grades were not apparent; the patriarchal rights were weak relatively.