Practices of Zouyanshu and Qin and Han Dynasties Laws

The document of Qin-Han Dynasties in Zouyanshu of Zhangjiashan Bamboo Slips is precious document of law. It reflects the practical state and principle of Qin-Han Dynaties Laws. Through comparing Qin Law from Qin Slips of Shuihudi and Longgang in Yunmeng County with Han Law Second Year Law(二年律令) in Zhangjiashan Han Slips we found that the thought and principle in administering jail of “the best getting confession without flogging and the worst getting confession by flogging” did not put into effect.Thus it existed gap in reality of administering jail.The Qin Dynasty Law is severe and without elasticity.It bans jailer to explain law(释法). The Qin Dynasty Law carried out moral and legal education to the judges while attached importance to commend jailers with outstanding doing well in effectively enforcing the law.The rulers of early Han Dynasty had trend to severely punish uncondemned criminal in enforcing law.Lightly punishing not been carried out from early Han Dynasty. In early Han Dynasty rigorously enforced principle of “legal time”(法时) that is to condemn criminal must be according to the law in the criminal then.