From the end of 1983 to the beginning of 1984，1236 Tomb Senters from Tomb No. 247, Zhangjiashan, Jiangling County, Hubei Province，Among them, the "Two -year Laws" and "Playing Book" related to the law have important value for the study of ancient Chinese legal history。"Two Years Laws" includes 27 laws and 1 order，"Playing Book" is a compilation of the case of sin，Including 22 cases from the Spring and Autumn Period to the Western Han Dynasty。Among them, the use of criminal law to maintain social ethical order、Severe punishment of corruption crime、Pay attention to criminal governance wisdom such as judicial procedures and error correction systems，can still be inherited critical，To develop my country's contemporary criminal rule of law。

　　bet365 live casino games

"Two Years Laws" Although the thoughts of the Qin Dynasty "based on the law"，Passing the authority of the ruler through severe torture，but also absorb the influence of Confucianism and develop the law，Proposal of the combination of Confucianism and law、Ethics and use。With the penetration of Confucianism，Respect the elderly filial piety、The principle of governance of the old love of the old love to become the rulers of the Han Dynasty，Reflected in the legal provision，That is for the elderly、Children's preferential treatment policy。It abandons the tradition of dividing the Qin Dynasty with its height as a responsibility.，and adopt the age of natural person as the division standard，Divided into under ten years old，10 to 17 years old，Four paragraphs of seventeen to seventies and 70 years old。"Two Years Laws · Gegen" regulations，"Ten years of guilty years，Except; its killing，End is Cheng Dan 舂 "(Jane 86)，That is, below ten years old, except for committing killing and killing，No criminal liability。"Prince、Prince Wife and □ □ More than 70 or more years，If you are 17 years Bet365 app download old，Sinful person，All of them。"" (Jane 83) is the nose and their wives，The age of ten to 17 is a limited age interval，punishment will be reduced and exempt，and those who have been over 70 years old，Except for the death penalty，Its criminal responsibility is limited，The victims are excluded from meat torture。but，This provision is not applicable to everyone，It is only applicable to those who have a title。In addition to those who have a title, enjoy preferential treatment，The crime of leniency is also limited to ordinary criminal crimes，Crime crimes against political rule，Not applicable to the above criminal responsibility age limit。

Laws give to criminal penalties to those related age groups，Also limited its litigation capabilities。If you do not enjoy the right to appeal under the age of ten，Those over the age of 70 sued their son who is not filial，It is necessary to tell three consecutive days in a specific date to be accepted。This also reflects the basic understanding of the relationship between the ability to criminal responsibility and behavior in ancient my country。The rulers recognize children、The old man is less harmful to society，"The old man，False of hair teeth，Blood gas decline，There is no heart of violence "，At the same time, it implements related litigation behaviors、The ability to obtain civil rights is also small，Therefore, it is reduced in punishment，The humanization of punishment。

，Confucianism advocates "relatives and faint"，That is to conceal the criminal behavior between relatives without revealing it to the government。This legal idea originated from the Confucian family ethics concept，Promote "Father is Son，Son is Father Hidden "，Family maintenance、The family concept is higher than the legal order。This is also reflected in the laws unearthed in Zhangjiashan，"Two Years Laws · Law" stipulates: "Son to Parent，Women's Join Word，slave to the presence、Master Parent's Wife，Do not hear and abandon the told market。"(Jane 133) indicates that the status in the family is humbled by the next party with a high position，Not only will bet365 Play online games not be accepted but will be severely punished，The legalization of the ethics of the Confucian family。

The 20th report of the party pointed out，To promote the construction of a socialist legal system with Chinese characteristics，How to balance the elderly and love the young in this era、The traditional moral requirements and the value of social order are also worth thinking about。"Criminal Law Amendment (11)" adjusted the age of criminal responsibility，Added a person who is 12 years old and less than 14 years old，Partial evil crime，bad plot，Terms of criminal liability after the highest verification。This can also obtain experience support from the "Two Years Law"，Its regulations on crimes of younger age are not completely exempted from criminal liability，Regulations for children under the age of ten are "divided by non -dead sin"，and for those who are ten to 17 years old are just reduction and exemption。Special group for crimes against minors，At the same time of education，It should also be supplemented by punishment，Guide it to establish the correct values，To achieve correction、Reform purpose。other，"Celebration and Delivery" and "Destroyer Destroyer" seem to be a conflict between the order of human order and the inseparable public order，But in essence, there is a common value basis，Human Lun Order is also an important aspect of social public order，Pay attention to the internal ethics of the family also has a positive significance for maintaining the rules of social order。However, there are conflicts between the two，If you only pay attention to the private interests of the family，and ignore the public interest of the society，For cracking down crimes、It is not good for maintaining social stability。So，The border between the two should be set correctly，my country's judicial development also affirmed this direction，The new "Criminal Procedure Law" implemented in 2018，Modification of the testimony of witnesses in court is: "Notice of the People's Court，Witness has no testimony to testify without any reason，The People's Court can force Bet365 lotto review it to go to court，But the defendant’s spouse、Parents、Except for children。”

　　Severe punishment for corruption and bribery crime

Han Feizi, a member of the Fajia Collection, believes that "Mingzhu Govern the Officials Do not rule the people"，advocates virtuous monarchs should focus on governing officials of officials instead of governing the people，Only the governance of the government can realize the people's governance。Officials are important practitioners for feudal ruler governing the country，The level and ability of the official determines the level of the country's governance to some extent。Zhangjiashan Hanjian "Two Years Law" a total of 526 Tuzhu Senters，Among them, nearly 120 bamboo slips involved in the official system。The legislation of the official system of the "Two Years" can be divided into three categories: one，Severe punishment of officers' malfeasance;，Campaign of corruption and bribery of officials;，Lifting people assume joint responsibility。

In general administrative management activities，"Two Years Laws" shows that many punishment officials are defrauded and malfeasance regulations。"Two Years Laws · Thief Law" stipulates: "The officials of the officials of the officials of the county officials、Ghost salary Bai Yan，Under the death，Order to death。"(Jane 29) It is strictly forbidden to fight the officials; the" Two Years Laws · Capture "stipulates that officials must be investigated and fined or sideways;、Public Security Management、Border Management、Passing of Guanwen、Grain depot management and other aspects，Established a relatively complete set of negligence accountability mechanisms。In judicial activities，Han Lu's behavioral accountability for officials is more stringent，Requires officials of officials，Otherwise, it will be regarded as "Ju prison is not straight"。"Two Years Laws · Gegen" stipulates:、Not straight、and consultation、Newspaper、Poor Vee:，Dead Crime，Cut the left stop (toe) is the city，It is based on its sin ";，Each of its complaints，Dare to let Du Ya，Ask for other Bet365 lotto review sins，and people who do not sue but be good at governing，All are not directly discussed by Ju prison。"(Jane 98) As scholar Zhang Jianguo said，"This is a rule involved in the responsibility system of judges"。In case of case detection、Referee，Officials exist in shelter、The maximum of the non -public behavior of trial can be punished。

Zhangjiashan Hanjian's punishment for the crime of bribery of officials also has a special legal regulations，But for corruption、Bribbles and other corruption behaviors have not clearly distinguished conviction，but collectively referred to as "crime of stolen"。"Two Years Laws · Theft Law" stipulates: "，and Xingzhu，All sitting on their stolen stolen。The crime is more important than the theft，The theory of the heavy person。"" (Jane 60) shows that the Han Dynasty punished bribery and bribery at the same time and punished the theft in accordance with the amount of stolen money。Zhangjiashan Hanjian "Playing Book" also records official corruption cases，Ruyang Lingli Restald Guan Mi Case Zhongxian Ling Guarding Self -Stolen，Stole the official rice and sell stolen goods。For corruption, Han Lu did not set up special crimes and followed theft，But the corruption behavior of the officials who ride themselves to the theft of themselves, that is, the "master theft"，Singing torture is more severe than the general theft and cannot reduce the criminal liability with the title。

The Han Dynasty implemented an inspection system on the selection of officials and employers，Local chief officers play an important role in the selection of officials。In order to ensure the quality of the selected officials，"Two Years Laws · Law of the Officials" stipulates: "Anyone thinks officials，It is poor、Endless to avoid，Also free。Its non -officials and Ji Ye，Funding four or two，Two years old。"" (Jane 210)，Lifting people must also assume joint responsibility，I was fined or sideways。

From Zhangjiashan Hanjian's "Two Years Laws" and "Play Book"，It is not difficult to find that the legal ideas of the Han Dynasty are strict with the government，Punish the illegal behavior of bet365 Play online games officials through a large number of criminal legislation，This idea of ​​strict officials is still significant for today。

　　Establish a beggar system for case correction

Zhangjiashan Hanjian's "Playing Book" uses the case as the carrier to reproduce the practice of judicial trial in the Han Dynasty，Through the case recorded in it, we can see the investigation of criminal cases during the Qin and Han dynasties、The referees have established a relatively complete litigation procedure，And set up a retrial process to correct the wrong case。

"Book of Play" Case 22 "Women's Stepping Case" records the detection process of the case in detail，Prison Shi Raido passed "diagnosis", "receipt", "ask for", "Qi Wen" and other investigative measures，Careful on -site inspection and identification，Question and questioning the suspicious persons in time，and announce the officials and people to solicit clues to detect the case。It can be seen that the detection of criminal cases during the Qin and Han dynasties has established a set of investigations，and pay attention to the inspection and inspection of the scene and the identification of physical evidence，There are many investigative measures。

The Han Dynasty inherited the Qin Dynasty's begging system for retrial on the case to ensure the processed results of the case.，The excavation of Zhangjiashan Hanjian provides examples for studying the Qin and Han dating system。"Two Years Laws · Gegen" stipulates the basic process of begging: "Qi (Qi) 鞫 鞫，County Taoist Order、Long、丞 丞，Book Qi (begging)，Go to prison for two thousand stone officials，Two Thousand Stone Officials Cover the Du Guan。Covering by the officials，Ting and the county move near the near county，Yu Shi、The prime minister is overwhelmed and moved to court。"" (Jane 117) In "The Book of Play", the "Cheng Dan Talking Beggar Case" completely recorded the Qin and Han dynamic process，The criminal named "Speaking" filed a complaint and claimed that he did not conspire with Mao to steal cow，Officials responsible for reviewing the review passed the re -examination of the previous case paper materials and found that "speaking" did not recognize Bet365 lotto review theft at first，It was admitted to the robbers after torture torture，Review officials re -review the "speaking" and verify the scars left by the back due to torture，Re -trial the same criminal "Mao"、Owners and preliminary trial officials，The final determination of this case is the wrong case，Let the county officials resettle "Speaking"，The government redeem the "speaking" wife and children，Metropolis collected、The fines also return all the return。Qin Han's review procedure is generally included in the criminals proposed a review、Review officials in writing to check the original trial case、Verification of the trial of the trial、Make a review judgment、Indeed on the wrong case for post -treatment。The beggar system in the Qin and Han dynasties reflects the rational value in ancient criminal justice。

(Author Unit: School of Criminal Justice at Zhongnan University of Economics and Law)