| Bayi, as a legal rule in ancient China, has conventionally been believed to be primarily made in the period of Cao-Wei. The author of this paper concludes that Bayi was made systematically early in the Han dynasty. First of all, although the rule of Bapi had been established in the Zhou dynasty, it was abolished in the Spring and Warring times when the new force strongly demanded the legal privileges exclusively owned by the former aristocratic class be abolished. It was in the early Han dynasty that Bayi was resumed as a frequently quoted legal concept. In the second place, from the legal heritage handed down from the Western and Eastern Han dynasties, we can find most of the essential constituents of Bayi. According to the rule of Bayi, when eight kinds of person committed a crime, the punishment should be decided after argument, so as to give them special lenience. Furthermore, form the ancient classics like Julv and the History of the Han Dynasty, and the interpretation of Confucius classics by citing legal regulations by ancient classicists, we can find the specific scope of the eight kinds of person and how to reduce penalty for them. The last point is that the judicial practice in the Han dynasty had conventionally taken Bayi as a legal basis for the conviction and measurement of penalty. |
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