Discussing The Primary Principle Of Law Culture In The Xihan Dynasty

Since 1980s, the law culture has been the hotspot of the research, until now it has not faded. But the scholars only put more attention to the whole civilization of laws and regulations in China 5000 yeas, concerning with the various dynasties law culture being made little. Therefore, it is necessary to study the concrete law culture of some dynasties, especial Dynasty Xihan, for it has laid the foundation for the feudal laws. The law principles: such as patriarchal clan system and ethics, governing the feudal officials severely, making law according to the nature, morality first punishment assisting, reflects the primary principle of law culture at that time. First, patriarchal system and ethics were the basic legal one in Han dynasty, which was established on the basic of blood relationship. The governor put the principle into the criminal law, as formed the principle of relatives concealing each other and of family ethic maintaining the order of noble humble gentle and simple. Second, governing the feudal officials severely was reflected distinctly in the law of Dynasty Xihan. By the severe punishment on the illegal actions, such as the crime of misconduct in office, the economic crime, the crime of ganging together for clandestine and illegal activities and the crime of associating with for treasonable purpose. The strength and dynamics were demonstrated distinctly, of the dominator being in control of feudal officials. Third, making law according to the nature, which had showed its solemnity, was expounded by Dong Zhongshu and was recognized by the rulers of dynasty Xihan. The legislation and the judicial according to season was one of the main contents. Emperor meeting the natural disaster making the amnesty imperial edict and the disaster being above fourteen percent were its concreting embodiment. Forth, morality first punishment second, which the dominators was in order to get longer governing and peace, implement a prudent principle. The system through the condoning the old, the young, the woman the deformity and Spring and Autumn period decided a lawsuit was obtained the very good implementation in the Xihan dynasty law. The legal principles, which contained the sprit of culture, had a far-reaching historical influence on the legislation and judicature of the following feudal dynasties.