| Summary: | 碩士 === 國立成功大學 === 歷史學系 === 103 === The thesis is focus on the death penalty in early imperial china, especially on Qin and Han dynasties. The main resources are from ancient literature of china and bamboo slips. The thesis research on the origin, pattern, crime and institution of death penalty in Qin and Han preliminarily. First, the thesis trace origin of death penalty in ancient china by two perspectives, which is military and blood revenge. Then discover that the right of execute for ruler in ancient china comes from the heaven. Second, the thesis question the label of the death penalty in ancient china that is cruel and bloody, and all the death penalty in Qin and Han can be collation in three pattern which targets on life, body and patriarchal clan of criminal. Third, the capital crime in Qin and Han indicate the value of order that include political, social and human relations. In the end, the thesis describes the institution of death penalty in Qin and Han, which has complicated procedure. Furthermore, the mandate of heaven emphasize the execute must be careful and justice or the disaster will be generated. All of this became the limited power to the emperor in Qin and Han who used to be seen as the most powerful person in the country.
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