Study On Tingxingshi Of Shuihudi Qin Bamboo Slips

The term"Tingxingshi"(廷行事)is only found in the Qin Bamboo Slips"Legal Questions and Answers"in Shuihudi.Although the academic circle attaches great importance to its research on this uniqueness,but limited to the lack of materials,there are still divergent opinions on the concept and development of court action.Based on the analysis of the concept and origin of Tingxingshi,this article combines the Yuelu Qinjian,Zhangjiashan Hanjian and Wuwei Hanjian and other unearthed Qin and Hanjian slips and handed down documents to study the supplementary method of Tingxingshi and discuss the evolution of Tingxingshi.I hope it will be a useful supplement to the overall research of Tingxingshi."Ting" of Tingxingshi should refer to the central Ting Wei,"Xingshi" is the precedent,and Tingxingshi is the precedent created by Ting Wei.Tingxingshi not only satisfies the necessary formal characteristics and functions of precedents,but also can be used as a basis for judicial trials.Tingxingshi is not at discretion.The emergence of discretion is related to the pre-Qin tradition of attaching importance to old cases.The appearance of discretion in the Qin Dynasty is closely related to the characteristics of Qin Law.Tingxingshi mainly plays the role of supplementary law,which can also be called the function of Tingxingshi.It is manifested in four aspects: the supplement to the Qin law;the concretization of the Qin law;the change of unreasonable judgments that apply the Qin law;and the direct judgment of difficult cases.Comparing with other unearthed Qin and Han bamboo slips related to the Qin law involved in Tingxingshi case,we can find that the addition of Tingxingshi to the Qin law or the change to the judgment applying the Qin law is necessary and reasonable.Tingxingshi was absorbed and replaced by"Jueshibi"(决事比)in the Han Dynasty,in which Tingwei Jushibi was the same as Tingxingshi,which was a precedent created by Tingwei,and the"Chunqiu"Jushibi was inherited from Tingxingshi’s compilation method.In addition,there is a"Jueshibi of death".Jueshibi has all inherited the function of Tingxingshi,and due to the large number,it has produced greater discretion in judicial practice.In short,Jueshibi in the Han Dynasty is both inherited and developed than Tingxingshi.