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The law got its name from the six chapters adopted from the Canon of Laws and three new chapters covering family register, conscription and livestock. In the second year of Empress Lü Zhi's reign, the Second‐Year Law was published, and the Nine Chapter Law can no longer be used to reference the entirety of the Han dynasty legislation. [3]
The Han system of imperial government borrowed many of its core features from the regime established by the Qin dynasty. For example, Gaozu's Chancellor Xiao He (d. 193 BC) integrated much of the statutes of the Qin law code into the newly compiled Han law code. [10]
The Han dynasty [a] was an imperial dynasty of China (202 BC – 9 AD, 25–220 AD) established by Liu Bang and ruled by the House of Liu. The dynasty was preceded by the short-lived Qin dynasty (221–206 BC) and a warring interregnum known as the Chu–Han Contention (206–202 BC), and it was succeeded by the Three Kingdoms period (220–280 AD).
From the Xia Dynasty onwards through the Shang dynasty (1600–1046 BC) and the Zhou dynasty (1046–256 BC). The "Five Punishments for Slaves" were abolished during the reign of Emperor Wen of Han following a petition from a female subject Chunyu Tiying (淳于緹縈), and were replaced by the "Five Punishments for Serfs".
The Han dynasty law code inherited the Qin dynasty (221–206 BCE) law that any family with more than two sons had to pay extra taxes. This was not repealed until the Cao Wei period (220–265 CE). The average Han family under one household typically had about four or five immediate family members, which was unlike the large extended families ...
Although fragments of laws survive from the Qin and Han, the first surviving complete code was the Kaihuang Code developed during the Sui dynasty and adopted by later dynasties including the Tang in 653.
Despite Han statesmen's general condemnation of Qin's harsh methods and Legalist philosophy, the first Han law code compiled by Chancellor Xiao He in 200 BCE seems to have borrowed much from the structure and substance of the Qin code (excavated texts from Shuihudi and Zhangjiashan in modern times have reinforced this suspicion). [27]
The Kaihuang Code is regarded by historians as an example of "good law" and the origin of Han Chinese law. Every legal institution of the Tang dynasty was a direct successor to those of the Sui dynasty with the Kaihuang Code a blueprint for its laws.