1. Law
Law is a basic and fairly stable legal form in Han Dynasty. In ancient times, law was synonymous with law. The interpretations of Er Ya and Shi Shu are "Chang Ye" and "Fa Ye". This shows that law is the common code of conduct of the country. Since Shang Yang changed law to law, law has played a unified role, that is, the so-called law is evenly distributed. Law has become a main legal form with strong stability and relatively concentrated content. Some important basic laws and regulations in the Han dynasty are called laws.
In addition to the above-mentioned Nine Chapters Law, Gong Yue Law and Zhaohui Law, the laws of the Han Dynasty also include the anti-gold law, the commercial law that stipulates the tribute of princes, the law of assisting officials who are not allowed to work for princes without authorization, the land rent tax law, and the law that prohibits princes from stealing palace ornaments. In addition, there are laws of sitting together, laws of Shen Ming, and laws that officials with the same legal nature look at their careers, and so on. Most of these separate laws and regulations are special laws and regulations aimed at a certain aspect. Generally speaking, the laws of the Han Dynasty were relatively complete. However, because the Han Law was gradually developed through the increase and decrease of various dynasties, the Han Book has never been comprehensively sorted out and revised for 400 years, so there are many contradictory and repetitive contents. So no matter from the content or system. The complexity of the law in the Han Dynasty is an important feature of the law in the Han Dynasty.
Step 2 command
Imperial edict is a formal imperial edict issued by the emperor and an important legal form in Han Dynasty. "Han Xuandi Ji" notes: "The increase and loss caused by the imperial edict of the Emperor of Heaven are not ordered by the legalists." Therefore, the decree is a proclamation issued by the emperor outside the law, which is as mandatory as the law. Imperial edict is the most authoritative basis of judicial trial, which can cancel, change and replace laws. Ting Wei and Du Zhou in the Western Han Dynasty tried cases not according to the law, but according to the emperor's personal will. Someone asked him for this, and Du Zhou calmly replied: "Three feet (French) security?" The former is the law, and the latter is the sparse order; At that time, what was the ancient law? "This shows that under the condition of absolute monarchy, the emperor's personal will is the most efficient knife method, and even the written laws circulating in Tianxun Street should be placed under the imperial edict, which is a basic feature of the feudal autocratic legal system.
Because the imperial edict was an extremely flexible legal form promulgated by the emperor at any time according to the needs of the situation, there were many imperial edicts in the Han Dynasty. The so-called "duo" means that there were a large number of imperial edicts in the Han Dynasty. Since the time of Emperor Wu, it has reached 359 chapters. By the time he became emperor, there would be "more laws and regulations, more than one million words". For such a vast imperial edict, even "knowledgeable people don't know what to do", so they have to sort it out and compile it into "Ling Jia", "Ling B" and "Ling C", which are extremely complicated. The so-called wide, refers to the imperial edict covers a very wide range, involving almost all aspects of social life, such as politics, economy, culture and so on. And it is a flexible weapon in the hands of the ruling class.
3. Part
Keke was also a legal form in the Han Dynasty. The subject has two meanings: one is to punish the offender, also known as punishment; The second is about the provisions of laws and regulations on crime and punishment, also called "rules". There were many kinds of bureaucracies in the Han Dynasty, especially in the period of Emperor Wu of the Han Dynasty. By the end of the Eastern Han Dynasty, bureaucracy was very strict. Although the original basic laws and regulations have not been fundamentally changed, various beneficial clauses with the nature of separate laws and regulations have been promulgated one after another.
compare
Comparison, that is, judging by typical cases, is also called "decisive ratio". "Juebi" in Han Dynasty developed from "acting in court" in Qin Dynasty. According to the Han Dynasty, anyone who has no proper laws is considered guilty.
Bibi is widely used in judicial practice, and it is also a flexible form for the ruling class to use precedents to suppress the judiciary. Therefore, as a case with Bibi, there are countless cases in the Han Dynasty, and there are more than 10,000 cases of "death penalty ratio" in Emperor Wu of the Han Dynasty alone. The comparative law of Han Dynasty is an important supplement to this law and has far-reaching influence. Although it can make up for the shortcomings of laws and decrees, it objectively causes many legal problems such as arbitrary officials and even judicial darkness.