Comparison of “Zi ” and “Atonement”Penalty of Qin''s Jian

• Main Authors: Pei-Yun Wu, 吳佩芸
• Other Authors: Chang-Lien Wu
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/86793120038416150100

碩士 === 國立中興大學 === 歷史學系所 === 103 === Zi penalty was one of the main penalties and an independent penalty in the law of Qin’s Dynasty. Usually this penalty indicates to strip off the criminals’ properties and riches or to have the criminals do the hard labor. Officials who made administrative negligence or people who committed the misdemeanors would be bound to such penalty. Atonement penalty originated earlier than the Zi penalty. In the Qin’s law system it had the quality of substitute and provision penalties at the same time. Roughly Zi and Atonement penalties belonged to the range of economic penalty. Therefore it is worth thorough exploring the differences and similarities. The present study will be focused on the price calculation and the exploration of the ways of practical implement and the comparison of application range of Zi and Atonement penalties. We can then express the relationship between Qin’s politics and economics and the Zi and Atonement penalties. Furthermore we can make good use of the underground materials of Sleeping Tiger Tomb of Ching bamboo jian, Li Ya Qin jian, Long Kang Qin jian and the Qing jian stored in the Yua Lu School to be the related comparison and discussion, trying to revivify the real applying situation of the laws of Qin and Han dynasties about Zi and Atonement penalties. In the wake of the release of the new materials, we can ascertain the price of Zi property and proceed to the exploration of gold price of Qin and to discuss the value of Atonement penalty. As the main economics penalty from the Epoch of Warring States to the early period of Han dynasty, not only did the Zi and Atonement penalties explain the law principles of Qin but also reflected the changes of Chinese law system from Qin to Han dynasties. During Qin and Han dynasties, the transformation and changes of Zi and Atonement penalties prove again the principles that Han inherited the Qin system. Hopefully the present study can search for the new explanation between the Zi and Atonement penalties on the basis of the former studies by way of the mutual reciprocity of the old and new materials and then open up the new thoughts to study the laws of Qin and Han dynasties.