A,the judicial process of the Han Dynasty
So-called judicial process, be break the case process in should follow of the rule and the order of sequence.The case of the judicial process of involve the Han Dynasty is more in Chien of the , from medium can see a body with big Han Dynasty judicial process is divided into origin of matter,raise and check to ask,have no with the certificate,send a witness, to fasten a book, to send a book,, the catches,jail certificate,send a jailbird,catch 亡 ,the big types with several etc..
Origin of matter a type, mean from a certain affair but violate a law.Reside to postpone to record this aspect to say in Chien more, such as:
The ① head capital crime capital crime, the job matter form is to sit offense, being 401, 24, 460 (33.5)
The turtle in the ② east in the county side, sit is in April and do not harm a day, go a way to the house boundary, and the frontier guard letter HE2 YANG2 ZHENG's speech, with the sword shot, harm right hand to point two, ground stanza three year August the personal fasten(13.6)
Letter in the ③ frontier guard east county HE2 YANG2, sit with the sword shot, harm frontier guard together the turtle in in county County a right a, ground stanza three year August hot shot of (118.8)
In JIAN3 WEN2 to the turf war behavior of"the job matter form" and" with the sword shot" all think to be the business that violates the .
So-called"raise ", then enumerate criminal charges to take into impeachment.Also is in the Chien relevant raise to jot down, such as:
The ① resides to shoot three years October AN E G son, tired the long dare speech, moving the form one plait sincerely, daring speech(25.4)
② On 15th, ream history the officer move a cow book district magistrate mansion.Beg the joy can not be happy, the tells .Full on third,above on fifth(36.2)
③ My :the beginning dare speech, the shot is a my several times, the pain doesn't bear speech(123.58) to see from above-mentioned JIAN3 WEN2, "the form" raises the text form of the criminal acts namely."Beg the joy can not be happy" medium"joy" word, in really"medicine" word. This Chien's text made to record to say to the matter that resides to shoot to raise over three years(eight A.D.), being showed from this to have this in the judicial process doubtless.
"Check to ask", the idea of obtain evidence is also."Check", the certificate is also.Have already jot down as well in Chien of the , such as:
The officer of ① moves A dike an officer, checking to ask to accept the responsibility (193.30)
The ② accumulates tenth, check to ask and do not invade long of sincerely(176.1 As)
So-called"have no with the certificate", then could not lift a proof.It jot down in Chien of the :
The ① , again, a life time with the mansion book should , officer, with certificate, not(133.12) ② officer, have no with the certificate, don't talk to please, the discrepancy (38.27)
Han Dynasty provide a phrase to call"hence book" generally." (Have no) with certificate, don't talk to please, discrepancy", this is hence the in common use in the book, meaning BE, could not lift a proof, also no longer puts forward the request that the modification provides a phrase.Recorded to certainly provide a phrase and can change to provide for three at that time, if on third already full, namely with be provided for phrase to sentence, can't request to change.
So-called"send a witness", then send a witness to appear at court to testify.JIAN3 WEN2 carry:
The dollar postpones two years August G A noon, all the country man dare the of the speech, praising the to send the certificate woman ZHAO4 JIA ZHANG the county in, sincerely the case :The stay, daring speech such as the statutes, the of the D resides to postpone the in August, residing to postpone to print, since G son,(181.2) "send the certificate woman ZHAO4 JIA ZHANG the county in, " is to send witness ZHAO4 JIA to go to ZHANG YI4 JUN4 to appear at court to testify in August.It is thus clear that, the Han Dynasty not only has to have an authentic testimony, but also wants a witness to appear at court to testify to the offense certificate, the law judgment procedure is still stricter.
So-called"the catches", then issue imperial edict a book to indicate to pursue and arrest.JIAN3 WEN2 jots down to have:
In the boundary, the book go to, sending all the and county to make the following, catch to search a boundary gradually in, check 亡 a person the hideaway, with have to be most, the 诏 catches, the matter is heavy=be to play to smell,s staying such as the book statutes(179.9) Chien's gist BE, press to the convict that flees from home in the certain magistracy the book indicate to pursue and arrest to arrive that region to make track for it to get.
"The fastens a book" is through interrogate but get of provide a phrase, Review also.Have already jot down as well in Chien of the , such as:
The book arrive, choosing name a county, ,in,year (239.46)
So-called"the jail certificate", "jail", sentence also, "certificate", the proof of the lawsuit also, Chien but speech, then sentence the certificate of the lawsuit.It carry in JIAN3 WEN2:
The history LI3 FENG4 is past from the speech for reside to postpone a high station=long, three years mid- December, send the jail certificate.Then from reside to postpone to face money......(178.30)the elucidation history in Chien LI3 FENG4 from reside to postpone to send certificate to get(now the wine spring City), and from reside to postpone to face to take money thing.
So-called"send a jailbird", then send back to forgive of prisoner.JIAN3 WEN2 carry:
The mountain, get two people to send the jailbird the , the on fourth , see reply to make, 37938 people ' office kitchens spread to give up,jail,the city wall authorities 60 people pay the shoulder water department=send to face to be subjected to.Guard the ream history , the man wins the county that it(34.9,34.8)"s get" with"the " to descend to govern for ZHANG YI4 JUN4."Reply to make" is a kind of service of the Han Dynasty.
So-called"catch ", then arrest escaped convict.Jot down to the case of"catch " in Chien of the more, such as:
In the ① department boundary the is catch a way the not(116.23)
The ② catches, the even is long the light is in the man, the word eldest grandson, the past south sun agency makes the exiled door to work because of sit 10023, be good at to place a farmland blue.Many , black, fatty big, the hair is little, year can 78,The five inch YANG2 BO2 SHI3's illegalities not way.the prime minister,the imperial censor keep whole I.family members early , drive a male horse, multiply by to raise a car,yellow car, bacterium ZHANG BAI2 CHE , ride a male horse, receive to catch 2,000 stones(183.13)

③ , The frontier guard gets Anne to become in WANG2 FU2, the word son text, respect to be catch with book.Blessing thief (58.17,193.19)
The ④ catch, the even is virtuous and clear in LI3 PENG2, word traveller, year 23.Sit the even offending the City, the kills to swim the etc., the behavior (114.21)
"Not way" in JIAN3 WEN2 ① is one criminal charges, namely greatly negative not way offense.
JIAN3 WEN2 ② is a catch of book, pointed out to be catch the prisoner's native place,age,outlooking,height,skin color and,word...etc. among them, and describe"early " of concrete circumstance, the main fact of the crime,make a circumstance with case and pursue and arrest of the way and scope, how handle after catch etc., is a to pursue and arrest the book more and completely, is catch the request of a kind of format.
In JIAN3 WEN2 ③ of"", namely , also call" book", is 《catch 》of one of the legal clerks.The "the behavior " meaning in JIAN3 WEN2 ④ is to say the escapee hides folks, changing name to change a surname, the behavior servant.
So-called"the ", namely penalty category name.The penalty of the Han Dynasty has death penalty,corporal punishment,penal servitude, side,penal sum,durance, ,the clan to connect to sit etc. eight major type.The cent of the death penalty behead,cut in half,leave city three.The corporal punishment has ,temple, is five.After the written Chinese lighting punishment to punish, the corporal punishment have three kinds of, namely flogging,castration and cut right .The penal servitude follows QIN2 ZHI4, is sentence criminal after, is manage by the certain organization, the strong ream prisoner takes a kind of penalty of the bitter service.The side , originally for QIN2 ZHI4, two 汉s follow and change mutually, namely the criminal is reduce capital crime one etc. behind was go toward by the the side county of a kind of exile .The criminal side settles down in the region behind, the period not certain, a handful of men meets to come back fair, the most people can the die a backland.Pen the is make to the prisoner of for life forbid its an official of a kind of punishment, not only oneself can not be an officer life long, even spread to descendant friends and relatives.Penal sum as well for QIN2 ZHI4, Han Dynasty because of, used for mainly to the ruling class to endanger not big slight criminal offence, such as provision:"Three people above and without cause the cluster drink, penal sum 42."The , also fasten QIN2 ZHI4, the Han Dynasty follows to use.The provision, the prisoner can spend money,valley, etc. atone for sin, an official can use its salary expiation.Use generally to the punishment of the female moreover.Such as 《 book. The even record 》say:"World the female has already talk about, return home, attending to mountain, QIAN2 YUE4300."BE say the female puts back a home after sentence, don't undergo military service in person, but the ream pay in January 300 with hire the others generation service.The clan connects to sit , also fastenning QIN2 ZHI4, the west early Liu's nation"in addition to QIN2 GOU3 FA2 ", but the clan discarded.汉 Practice" three clans" , afterwards the clan extension, also connect to sit.Such as 《empress book.Chapter Ji 》carry:"Go toward big jail of wicked words, and widely far, one criminal offense, forbid to third to belong to."Arriving the east especially don't year, the clan connects to sit to use more and extensively.So, there is the generation, the clan connects to sit to never abolish.
Has already jot down as well to the penalty of the Han Dynasty in Chien of the 汉 , can repair the shortage of the standard history.Such as:
The ① resides to postpone the life pliers, left, the are the s all(117.32)
The ② man's ising reply with main beard is a job, residing to postpone , the pliers,city ,greatly male office of make, the temple in mansion give up.(56.2A)
The ③ pliers city SUN , sit a thief to harm a person, early dollar five years July G , early dollar five years August E with book SHI XING2;The past knight resides to postpone widely all ten thousand years in the over city money, sitting the to fill, early dollar four years November C , early dollar five years August E with book SHI XING2;Past reside to postpone the frontier guard wide regulation, the early dollar resides to postpone the book camalig for five years 210 in 93(227.8)
Two, the litigation procedure and the judgment system of the Han Dynasty
The litigation procedure provision of the Han Dynasty, the general civil case emphasize"with way it" with slight pertaining to crime dispute, besides which, then press the feudalism ethics morals, the is with the truth,carry on the outside of the intermediation, other procedures all should press 《jailbird 》,《catch 》,《 ream 》,《the jail ream 》performance.Regrettable these statuteses have already have no from check to test, now can according to the historical records jot down Chien with the win of relevant the data carry on a research.
(1)Concerning indictment
The form can is divided in to"tell", is two.So-called"tell", include the party concerned from tell,the victim relatives generation tell to lodge complaint several etc.s with others.Be since QIN2 HAN4 build up connecting to sit to tell crafty system, the law forced people to inspect each other,each other lodge complaint.Such as 《 book.The penal code ambition 》carry, "see know the criminal method doesn't raise to tell for the past ", want the place"each with together offense".So, even the various king go against the law, the doesn't tell to raise to also want to connect to sit mutually.Contrary, any one who raise to tell can be subjected to award for merit.Such as the promulgate of tell ream provision:"Make the people tell the , with its half with it."So-called, then point to denounce officialdom to reveal.Imperial censor,take charge of to belong to the school "the raise illegal", is similar to the check organization of today, can bring up"public prosecution" to the illegal officialdom.
(2)Concerning catch to escort
Tell,the has to be arrested or taken into custody to the accused after being accept.Have already controled an accurate proof in spite of, or belong to a doubt only to the general offender, have to arrest to take into custody to interrogate.Case belonged to bottom layer people to rebel, not only need to catch to escort oneself, but also want to arrest"the matter connect with each other and".To the bureaucrat,the nobility crime, necessarily and first"the guilty pleases first", get the approval of the emperor, then then can bring criminal to court, can not arrest without authorization.
(3)Concerning judgment
The judgment includes to interrogate and sentences two parts, 《the 》call it is"the jail" with"break jail".The jail the main purpose obtain statement.At that time in order to beg statement, widespread practice"the cure", namely"the extract confession", so-called"pounded Chu under, HE2 QIU2 but can not"?Some persons are test its feeling later the life also broke to send immediately in the jail.Therefore, the feudalism ruler connected to have also lays claim to"generous"1:00.Such as the chapter adopted Chen to spoil of suggestion, issue imperial edict"abstain to drill various ruthlessness and old make".So-called"break jail" declares verdict.Just because of such, the Han Dynasty is very strict to curing the jail officialdom to request, doing not need an officer towards enforcing the law a not strict, lightly then, heavy then impose to leave city.Moreover, the Han Dynasty requests officialdom to wind up a lawsuit quickly, scathing pursue the responsibility of"flood to don't extremely forbid".However, feudalism judicatory of the for essence to come to a decision judgment can be a jailer dance text to make a method, emperor extremely bossy,subjective decide arbitrarily, can not do it to enforce the law to hold basically even, have no case.
(4)Concerning resort
"Read " complete after, if the prisoner and its relatives defy, the judge promises to allow them to put forward appealing trial a request, this be medium"the ".But"the " can not lead deadline, such as 《week gift.Autumn officer.The private of the dynasty 》ZHENG4 XUAN2 note :"Hears in the period, expect an outside and hear, if now hour theory definitely full March, can not ."Should point out, at that time in spite of"read " was still"the ", was all kind of form.Essence and its feudalism officialdom of the feudalism litigation system of subjective decide arbitrarily,but continuous judgment style, come to a decision impossible very perspicacious to the case, do fair reasonable of verdict.
Above-mentioned what time, would be the main contents of the litigation procedure of the Han Dynasty, main according to the cultural heritage data zero spread to jot down to induce and become, reside to postpone 汉 to also have this aspect to jot down in Chien: 《Set up for three years, gentleman the responsibility boon matter 》volume, total 36 is Han Dynasties the civil case in court case records completely more, and very typical model,overall.It described to set up three years(27 years) December third in the text, from the man temple according to"A dike book" descend by the county accuse, the boon of returns to the matter that the country accepts to check to ask.Check to be before ask been rule with law by the temple , then just start"hence the book checked to ask", record a testimony.Testimony a beginning record to be check name,native place,age...etc. of ask, then speak the process and reason of the affair, writing clear"all certificate also, such as hence book" finally, the record in the official records, have the report county .On December 16th, and then carry on checking to ask for the second time, legal procedure and similar for the first time, the record statement and first time are opposite to have no bad, write finally up"all the certificate is also, such as hence book".BE through three divas will check to ask to check twice by the country man to of hence the book reports the county , is again turn by the county to present A dike , explain to check a result of ask the boon.A dike reviewing plays up again after check ask a testimony all the mansion, according to all the mansion"know well more to check to ask, cure to definitely talk" criticize to show, the county checks to ask again, making to provide a phrase more in detail very much, and put forward sentencing an opinion.The verdict of the county be:"Not appropriate and the gentleman cow, the not equal valley is 20 stones, again with keep money the artifacts at the gentleman 100005,600, buy meat for the s again, the is three stones, again son the male makes to keep 20 stones for the gentleman, all(exhausted)(negative), the gentleman money finish, the gentleman uses the boon artifacts my hurt, the desire returns boon now, be not willing to be subjected to.Hence book from certificate.Write to move hence book."On December 27th report the mansions all, again from reside to postpone the county ream and guard to win a signature, handover A dike , declare a judgment result.
All the mansion investigates behind with the criminal charges of"does not keep by ", pressing the law provision to report ZHANG YI4 the district magistrate mansion quickly, taking up to wind up a lawsuit finally.
This case says from the property, is the litigation of of the armed forces and people.Though the military personnel's case is been more appropriate by the military organization processing, fills region in the side, any violates the law, regardless armed forces and people is all handle by local administrative dept..Say from time, from connect a day of case namely three years December third, day gone to wind up a lawsuit, used only on 24th on December 27th namely, in the interval through three"check to ask", four"hence book", plus processes, such as"the mansion record" and"write to move"...etc., explain that handle a case at that time of the efficiency is still very high.
The above-mentioned case is a military officer with the economic dispute case of of the general common people, result the military officer lose in lawsuit.This elucidation's the side county the region government in the Han Dynasty enforce the law still more earnest,fair of, tell in the meantime we regardless in the feudal age still in the near modern, enforcing the law should insist practical and realistic,take method as the principle of the standard, then can make all civil cases or other cases get legality to solve so.Can see from the economic dispute case record of this integrity moreover, the judicial judgment procedure of the Han Dynasty still more complete of, it studies an ancient legal system history to provide very precious data for us, having very high reference value.