The Crime Of Stolen Property In May First Square Bamboo And Wooden Slips

The traditional crime of stolen property is the ancients’ generalization and summary of the crime of infringement of property,similar to the crime of property infringement in modern criminal law."Tang Law Commentary" clarified the legislative system of illicit crimes of "robbery,stealing,violating the law,not violating the law," being imprisoned,and "settlement of stolen goods" as six stolen goods.The crime of illicit money in the Tang law is regarded as a legislative charge.But what exists has a profound impact on later generations.However,the formation of the crime of illicit money in Tang law was not accomplished overnight,but the inheritance and development of the crime of illicit money in the Eastern Han Dynasty.The historical data on the crime of illicit money in the Middle East is limited.The appearance of the illicit crime document contained in the bamboo slips of the Eastern Han Dynasty at Wuyi Square in Changsha provides the possibility for further research on the crime of illicit money.The crime of stolen goods in the Eastern Han Bamboo Slips at Wuyi Square in Changsha is a judicial charge used by the county court to calculate and punish the crimes of property infringement in the course of judicial operation.The county court judges and distinguishes crimes such as theft of wealth,imprisonment,robbery,and theft from two aspects: the behavior mode and the standard of illicit crime.The word stolen crime can be found in the "Book of Crimes of Zhu Hong and Liu Gongzang".Two officials,Zhu Hong and Liu Gong,were counted and punished for the crimes of stealing wealth and being imprisoned.This is a crime of stolen goods.As a judicial crime,it first appeared in the judicial documents of the Eastern Han Dynasty.According to the difference of the subjects,we can divide the crimes in the illicit crime literature seen in the 51 Bamboo Slips into special subjects committed by officials and ordinary subjects committed by ordinary people.The former mainly consists of two types of duty crimes: theft and imprisonment,while the latter includes theft and robbery.This article is divided into five parts,the main contents are summarized as follows:The introduction includes the four aspects of questioning,research value and significance,literature review,and main research methods.The first chapter is the new materials for the study of the crime of illicit money in the Eastern Han Dynasty.This chapter introduces the stolen crime documents recorded in the Eastern Han Dynasty bamboo slips from Wuyi Square in Changsha from two aspects: officials committing stolen goods and ordinary people committing stolen goods.The relevant documents of officials committing stolen stolen goods include the crime of Zhu Hong and Liu Gong,the case of two parties contending for land and Ting Changyu receiving money,the homicide and waiting to commit stolen stolen goods,and other cases.The related documents of ordinary people committing stolen goods are composed of three parts: the case of Changgui theft and the robbery,the three-person robbery case,and other cases.Chapter Two,officials commit stolen goods.The purpose of this chapter is to focus on the crimes committed by officials as a special subject,including theft of wealth and imprisonment.Stealing wealth is a crime in which officials collect money from others and seek illegitimate benefits for others.It is an identity crime committed by officials.At present,officials such as Zuo Cang Cao Shi,Ting Chief and other officials have committed the crime of stealing wealth.Officials seek money by accepting illegal requests made by bribers,which need to reach the standard of two hundred and fifty bucks.Imprisonment refers to the crime of an official who accepts money from another person with the intent of wooing a relationship,but the two have not yet formed a power-to-money transaction.The gift-giver did not make an illegal request to the official.The subjects under the supervision of the 51 bamboo slips are still the officials such as Zuo Cang Cao Shi,Ting Chang and other officials."Non-employment" has become an important criterion for judging the imprisonment of officials.It includes two forms of active and passive receiving.It needs to reach the value of sixty bucks and two hundred and fifty bucks.There is a close relationship between theft of gifts and being in prison.Both are typical crimes committed by officials.The two also have many things in common in the judicial identification process.Imprisonment can make up for the loopholes caused by the strict determination of theft.The requests between officials and bribers may be difficult to verify or very concealed,which will bring many difficulties to the determination,and imprisonment has played a bottom line.Chapter Three,ordinary people commit stolen goods.This chapter aims to put an end to the crimes committed by general subjects,including theft and robbery.Theft refers to the crime of stealing other people’s property secretly by thieves,which is similar to the crime of theft in modern criminal law.The word "Mo Pi" first appeared in the Wuyi Square Bamboo Booklet.The “mo thief” in the Wuyi square slips specifically refers to the theft that was not discovered by the victim at the time of the theft.It is an important consideration for theft.It often occurs when acquaintances commit crimes and the stolen is negligent in management..Theft also needs to reach the stolen value standard of five hundred bucks.Robbery refers to the crime of the perpetrator using powerful means to steal the property of others.This openly violated the possession of property by others,a type of crime of robbery in modern criminal law.The robbers in the May 1st Jane are manifested in the use of arms or other coercive means to violently steal money.A group of robbers with more than three persons constitutes a group of robbers.The robber’s stolen value only needs to reach the stolen value standard of one hundred bucks.The fourth chapter is the re-understanding of the crime of illicit money in the Eastern Han Dynasty.In the Qin and early Han dynasties,many illicit acts were regulated by legislation,but the legislative model by simply describing the corresponding illicit acts and stipulating the corresponding penalties was an objective manifestation of the low quality of early legislation and the lack of legislative techniques.In the process of continuous judicial practice,Changsha Wuyi Square Eastern Han Dynasty bamboo slips appeared in official documents for the crime of stolen goods.The crime of stolen goods here is not a penalty such as a capital crime,but a punishment for theft,imprisonment,robbery,and theft.Judicial charges arising from abstract summary of illicit conduct.The judiciary played an active role in filling the gaps in the legislation and influenced the legislation of later generations.The crime of stolen goods was absorbed by the law of Tang as a legislative crime.The ancient judiciary and the legislation are not separated,but there is benign interaction and exchange.The existence of this positive feedback makes the ancient Chinese laws and regulations continue to evolve to adapt to social changes.