The Study Of Custom And Law From Qin Dynasty To The Middle Period Of XiHan

From separation to mix together, from opposition to harmonization, the relationship between custom and law changed gradually. And its critical period was from Qin Dynasty to the middle period of XiHan. The thought and practice about custom and law played an important role in ancient custom and law history. This thesis expounded it comprehensively, objectively and systematically. And it was divided into four parts.First part expounded custom and law's origin and development. I believed that the origin of custom was ancient people's ceremonial activity, especially their activity to offer sacrifices to Gods and that "penalty resulted from war and law resulted from custom was the most obvious character of the origin of Chinese ancient law. Meanwhile. I thought that Xia, Shang and Western Chou Dynasty were the mature period of mixing together between custom and law. But the Eastern Chou Dynasty was the period when custom and law separated from each other. At the same time, I expounded the essence of custom. All these became the basic of following discuss.Second part expounded the custom and law thought from Qin Dynasty to the middle period of XiHan. And Lisi, Shu Sun tong. Lujia, Jayi and DongZhong shu were my study object, especially their custom and law thought. I believed that the custom and law's development was from sprout to seedling and finally changed into adult.The third part expounded the practice of custom and law. And its development course was as same as the custom and law thought.At the fourth part, I analyzed the reason why custom and law became mixed together. In a word, it was because of unique content and structure of ancient society and nation of China.