The Study On Crime In The Internal Clan In Han Dynasty

In the introduction, we have explained the academic value of this subject, The Family Notion's meaning in the use of Han-Laws. The historical retrospection pays more attention to the ancestor' work, to what we have done and to the thinking patterns of researching the question.The first part, we have attached importance to the social basis of the crime in the family. Han Cheng Qin Lv, the Qin-Laws had some contents of the family law. In the beginning of the Han Dynasty, Er Nian Lv Ling also had comparably all-rounded contents of the family law, which was opposed to the general opinion of the academic field in which scholars used to consider the family law as the product of Confucian school thinking. It is known to all that Qin-Laws is based on the Fa thinking, it had the content of the family law, an important reason is that there were families in the Qin Dynasty as in other dynasties of China, we need not go into details about the existence of family in the Han Dynasty. So, the laws of Qin and Han dynasty had the content of family law.The second part. After the investigation of the traditional customs of the thinkers of Confucian school, since there is social fact of family, the thinkers have to pay attention to them, their ideas will reflect the social reality. So, there were traditional customs in the thinking of those famous thinkers, especially the cardinal guides, Confucian school had been inherited from Fa thinking.In part three , with the investigation of the crime between the relatives of family in the Han dynasty, we found that it is different between the Han and Qin, it not only had blood kin, affine but also had adoption relationship. The crime among the relatives contained the unfilial, the mudder, the steal, the adultery, the suing between relatives and the obedience to the moral principles during mourning.Part four with the investigation of the violation between the couples, there was something different between Qin and Han Laws. Han-Laws generally defended the authority, so someone would be punished by hurting the minister. But under the influence of moral principle, the husband should be punished if he had some improper behavior, then, identity should be reflected in the family law, if the wife was the noble, anyone must defend the benefit of her unconditionally.Part five discussing the ways of how the Confucian school thinking influenced the Han family' measurement of penalty, we know that there is social basis of the family law, but how to carry out the family principle consciously into the practice of legislation and administration, it was after the Confucian school being on the authority position.Finally, the conclusion summarizes this subject's topic and content wholly, which make the readers understand this subject deeply.