A Study Of The "Shi" Seen In Qin Han Bamboo Slips

As the origin of the Early Imperial legal system,the research on the laws and decrees of Qin law is numerous,but the research on the forms that are generally said to be the legal form of Qin and Han Dynasties is rare,let alone the overall analysis of the forms seen in the slips of Qin and Han Dynasties.It is generally said in the academic circles of legal history that Shi belongs to the form of the Qin legal system and constitutes the Qin legal system together with other legal forms.However,most of the early academic research materials were based on the "Sealed Postmortem Shi" and did not include the rest of the bamboo slips into the scope of textual research.Therefore,with the continuous increase of unearthed documents,the visible texts of Shi are also increasing,so it is inevitable to have doubts about this previous research,Moreover,it is possible to take the unearthed documents from the "Sealed Postmortem Shi" as the text of analysis and its role in the legal system of Qin and Han Dynasties.By promoting the research on the text and its carrier of the style,in order to structure the legal system of the Qin and Han Dynasties,and expand the research field of the Qin and Han Shi,in order to demonstrate the role and status of the Qin and Han Shi in the legal system of the Qin and Han Dynasties,we can better understand the operation and social conditions of the Qin and Han Dynasties.In order to understand the writing norms of form and its role as a paradigm in law,we first need to define its concept.In particular,form often appears as a law in a broad sense in handed down documents,while it is mostly used as a paradigm in unearthed documents.Therefore,first of all,it is particularly important to demonstrate the concept of form under the official document system;On this basis,it is necessary to define the form in the legal sense.Therefore,it is first proposed that in the Qin and Han Dynasties,the law in the broad sense refers to the applicable norms that should be generally followed in the operation of the state machine,while the law in the narrow sense refers to the legal form formulated by the state,and then the form in the Qin and Han Dynasties is managed by the state through the unearthed documents This paper demonstrates the administrative operation and civil activities,and puts forward that at the time of Qin and Han Dynasties,the jurisdiction of Shi has been very broad,ranging from national operation to civil affairs.The second chapter starts with the most complete material "Sealed Postmortem Shi",discusses the Sealed Postmortem Shi from two parts: the overall effectiveness of the Sealed Postmortem Shi and the paradigm effectiveness of documents,and puts forward that the normative effectiveness of the Sealed Postmortem Shi may be reflected in two aspects.One is that the Sealed Postmortem Shi,as a supplement to Qin laws and orders,itself plays a paradigm role in Qin justice,The second is the specific text of "Sealed Postmortem Shi".Except for "prison governance" and "prison interrogation",the other chapters reflect a certain paradigm effect in sealing up,investigation,inquest,inspection,case investigation,torture or document writing format.The third chapter will analyze the conclusion of "Sealed Postmortem Shi" to distinguish other scattered bamboo slips,judge the bamboo slips according to the overall and local aspects,so as to determine whether it is a Shi.The main analysis materials of this chapter are "Juyan Han bamboo slips","Xuanquan Han bamboo slips" and "Liye Qin Bamboo Slips",some "Yuelu Academy Tibetan Qin Bamboo Slips" and "Shuihudi land Qin Bamboo Slips",and preliminarily summarize the forms they see,and summarize the writing forms of various forms.Because most of the forms discussed in this chapter belong to the norms of goods and documents,the classification of relevant forms in academic circles is adopted.The form that stipulates the paradigm of goods is called the form of goods,and the form that discusses the format of documents is called the form of documents.The fourth chapter mainly focuses on the legal and historical status of Qin and Han Shi,and mainly discusses the relationship between Qin and Han Shi and Qin and Han law and order.This chapter adopts the "dichotomy" to classify the legal codes of Qin and Han Dynasties,that is,it is divided into "side ordinances " and " criminal ordinances ".It holds that in terms of the adjusted legal relationship,the form of goods and documents discussed above is closer to "side ordinances " and "Sealed Postmortem Shi" is closer to " criminal ordinances ".From the perspective of classification,it compares the form and order;Finally,in terms of the historical status of the Qin and Han Shi,this paper looks for the traces of various Shi seen in the handed down documents from the perspective of handed down documents,and comes to the conclusion that the Shi has experienced a process from prosperity to decline from the Qin and Han Dynasties to the Song Dynasty,which can be described as the same frequency resonance with the change of the Chinese legal system,so as to draw the meaning of the opening of the Qin and Han Shi to future generations.Through the above discussion,the author believes that starting from the "Sealed Postmortem Shi" and analyzing the forms seen in the other bamboo slips of the Qin and Han Dynasties,we can get the general norms of the judgment of the Qin and Han Dynasties,that is,we can first judge through the content of the simple text,such as the norms of the distribution of handouts seen in the "Juyan Han bamboo slips" and the writing norms of loan documents seen in the "Xuanquan Han bamboo slips";In addition,it can also be judged by the name of the simple text,such as "Sealed Postmortem Shi",and "imitation Shi" seen in "Liye Qin Bamboo Slips".Through the research of this paper,we can provide a more simple judgment method for the latecomers.At the same time,for the academic circles,we can provide a cut to study the Qin and Han Shi and the Qin and Han legal system,so as to better understand the transformation of law and society during the Qin and Han Dynasties.