A Study On The Crime Of "Thrown Letters" In The Qin And Han Dynasties

"Thrown letters" have two parts of speech: a verb and a noun phrase.Not all "thrown letters" acts belong to "thrown letters" criminal acts,and not all letters in the form of content delivered are prohibited by the law.The crime of "thrown letters" in the Qin and Han Dynasties is the general term of various criminal acts using "thrown letters" as the medium,which can be divided into two categories: "submitting anonymous letters to inform people" and "submitting letters with illegal contents to commit crimes".In dealing with the crime of "thrown letters",we should not only discuss the punishment of "thrown letters" under various criminal acts,but also pay attention to the treatment of the medium of "thrown letters".In the laws of the Qin and Han Dynasties,the disposal of "thrown letters" includes prohibiting the dissemination of letters,deciding whether to burn them as the case may be,and prohibiting the informed matter from entering judicial proceedings;The punishment for the crime of "thrown letters" includes Zhe,abandoning the city,tsingcheng,etc.,and there will also be cases of false accusation of sitting back.There are still unclear aspects in the sentencing.In the Qin and Han dynasties,the lawmaker made a choice according to the phenomenon and harm of committing crimes by using "thrown letters" as the media,and considered the crime of "thrown letters" into the law from social and political aspects.In the Qin and Han dynasties,the legal documents on the crime of "thrown letters" are the earliest records of "thrown letters" into the law.At the initial stage,the legal text of "thrown letters" has the characteristics of vague concept,complex content,unsystematic and internal logical contradictions,which is a normal phenomenon in the development of the law.Although there are many imperfections,"thrown letters" into the law had a significant and far-reaching impact on the formulation and development of relevant laws in the Qin and Han dynasties at that time and in later generations.