秦漢 遷律의 성립과 폐지

Abstract

With the disclosure of the specific law articles of the Qin and Han Dynasty, such as the Shuihudi Qin bamboo slips, Zhangjiajian Han bamboo slips, and Yuelu Qin bamboo slips, research on the history of the law of the Qin and Han Dynasty was carried out explosively, and the full picture of the law system of the Qin and Han Dynasty was also revealed. However, as it was revealed through the recently excavated Shuihudi Han bamboo slips and Hujiacaochang Han bamboo slips that the law of the Qin and Han Dynasty were divided into the criminal law and the additional law, a study to consider this in connection with the establishment of the nine chapter law is being done recently. This paper tried to examine the succession and origin relationship of the law system in the Qin and Han Dynasty by examining the contents and the background of the abolition of Qian law, which belonged to the criminal law until the reign of Emperor Wen of the Former Han Dynasty and was abolished before and after the reform of the criminal law. In the case of Qian law, it is clear that it existed from the beginning of the Former Han Dynasty to the reign of Emperor Wen, but its specific details are unknown. However, through the Han Dynasty, there are various provisions related to the execution of the punishment in the contents of the punishment, especially whether or not the family to be included in the punishment together, the target area of the punishment, the punishment when fleeing from the punishment place or committing other crimes, etc. was inferred to have been included. It is unclear whether Qian law existed even in the Qin Dynasty. However, in this paper, by examining the provisions of law, which are thought to have been included in the criminal law, among the Qin Dynasty and there is a high possibility that Qian law''s existence in the Qin Dynasty. It was understood that it was inherited as a descendant. In addition, as physical punishment were abolished through the reform of the criminal law of Emperor Wen of the Former Han Dynasty and the sentences of labor punishment were drastically reduced, there was no choice but to change the contents of the Qian penalty or the grade of punishment. Through this process, it was confirmed that law’s code belonging to the Qin and Han dynasty was periodically added or abolished according to the changes of the times.