A Study On The Right Factor In The Murder System Of The Tang Dynasty

In order to strengthen the self-confidence of China’s local legal culture,and dig out the relevant concept consciousness of China’s local protection of rights,this paper,based on different institutional forms in the Tang Dynasty,deeply digs into the right factors contained in the murder system in the Tang Dynasty.The content of the crime of homicide in the Tang Law covers the psychological state,crime stage and different crime forms,which is the legal provision in the Tang Law that is closest to the concept of modern criminal law.Therefore,taking the "Seven Killings" in the Tang Law as the research object of this paper will help to show the development degree of China’s traditional legal system in jurisprudence,legal system and awareness of protecting rights factors as a whole.This paper intends to learn from China’s excellent traditional legal culture,promote the creative transformation of excellent traditional legal culture,and thus have a positive impact on the construction of contemporary legal discourse system.In addition to the introduction,this paper mainly expounds the research content in four parts: The first part discusses the concept of right theory introduced in modern times.At the beginning,it expounds the innovative concept of this paper,that is,the meaning of right factor.The author thinks that right factor is the right gene contained in the development process of China’s local legal culture,and it is an original concept factor to protect human rights,life,fairness and justice.In addition,it combs the debates about the concept of rights since modern times and observes the value of the concept of rights from the perspective of China’s subjectivity.The second part focuses on the social basis of the right factor in the murder crime in Tang Dynasty,including the legal principles and ideas,as well as the political and economic basis in Tang Dynasty.In addition,it also explores the normative basis,mainly investigating the system basis of the Tang Law and the normative basis of the case and the case in the Tang Dynasty.The third part discusses the legislative embodiment and judicial embodiment of the right factor in the murder crime in Tang Dynasty.Mainly from the subjective and objective aspects of homicide,and the subjective and objective aspects,and then analyzes the right factors seen in Gao Hongchao’s vendetta case,Yao Wenxiu’s wife killing case and the judgment of dragon tendon and phoenix marrow.The fourth part summarizes the characteristics of the right factor in the murder crime in Tang Dynasty and its mirror to the contemporary criminal legal system.Finally,it mainly presents the influence of jurisprudence on the construction of contemporary legal discourse system and the value orientation of contemporary criminal law theory and criminal law system.