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《Journal of Shandong University of Science and Technology(Social Sciences)》 2018-06
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The Emperor's Limited Power in the Legal System in the Han Dynasty

LYU Pu;School of Criminal Law,Northwest University of Politic Science and Law;  
The legislative field in the Han Dynasty showed the emperor's limited power:the emperor's decrees were subordinate to the laws.First,in the laws and decrees system,laws were the body of legal norms.Second,in the laws and decrees system,the decrees were subordinate to the laws.The change of the emperor's decrees into the laws required a rigorous legislative process.They must go through strict procedures,such as edited as decrees,written as decrees,in order to be formulated as laws.Meanwhile,the judicial field in the Han Dynasty showed the emperor's limited power as well:the emperor adhered to the principle that the crime was judged by the laws,and maintained the basic rules of the laws on crimes.The emperor of the Han Dynasty accepted the results of cases discussion,which reflected he paid great attention to the officials' judicial opinions;the emperor of the Han Dynasty recognized the independent judicial authority of the judicial organs,which reflected he upheld their independent judicial actions.Therefore,the emperor in the Han Dynasty had limited power both in the legislative and judicial fields.
【Fund】: 陕西省教育厅项目“汉代腐败防治的法律机制研究”(17JK0807)
【CateGory Index】: D929
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