The Study On Justice In Tang Dynasty

In China today, the study on justice management and the civilization has just started. Therefore, there's still not a complete theoretical system of it. The study on ancient Chinese justice management is even blank. This study intends to have a systematic study on the justice management and the civilization of Tang Dynasty, whose findings will be part of the study on the ancient Chinese justice management and to a certain extent, fill such a gap.Tang Dynasty is one of the flourishing ages in Chinese history. Its legal system inherited the past and ushered in the future by summarizing the experiences in the building of legal systems in the feudal dynasties ranging from Qin, Han, WeiJin Dynasty to SouthNorth Dynasty. The Tang justice management is systematic and thorough, with brief and clear items. So it has profound influence on the building and development of feudal justice management system later on. The justice systems of China's Song, Yuan, Ming and Qing Dynasty all took the Tang system as the criterion of their respective justice management. Ancient Asian countries like North Korea, Japan, and Vietnam also took the Tang System as the prototype of their justice management. Judicial and civilization are close connected, take the judicial education function as the viewpoint of Tang Dynasty, we can make the observation further research in the Tang Dynasty political and legal system. The deep and systematic study on a typical dynasty like Tang Dynasty, a representative period in which ancient Chinese justice management and civilization was relatively complete, will promote the study on today' justice management, which is a brand-new field, and simultaneously, this study can be used for reference for the reform and development of today's justice management.This dissertation involves the following study,1. The succession and evolution of the justice in Tang Dynasty. By means of carding and analyzing the developing sequence of Tang Dynasty justice, the author finds that justice has an obvious linkage with politics, social development, and the roles justice played in different historical periods, which lays a basis for the latter study.2. Judicial organ administration in Tang Dynasty. Since Tang Dynasty, there has been quite a complete judicial organ administration in the Central and local government as well. From the central to the local government, a set of robust judicial organs with clear-cut responsibilities has come into being. While strengthening the imperial power over the judicial organs, the central judicial organ has initiated the mechanism for checks and balance via division of individual responsibility and overlapping functions. The mechanism of restricting and supervising power, in particular, was flexible and effective, which can still enlighten today's justice management.3. The administration of judicial officials in Tang Dynasty. Tang government attached great importance to the judicial personnel selection and employment, which can be taken as a good example in the ancient Chinese history. It has established a series of systems and measures to select, employ and administrate the professional judicial officials. In particular, the appraisal and imputation of its judicial officials has distinctive features. Simultaneously, for the sake of institutionalization of judicial practice, a safeguard system has also established to ensure the salary, holidays and retirement of the judicial officials.4. Judicial caseflow management of Tang dynasty. The judicial caseflow management is crucial to ensure the quality of a case. Owing to its perfect system, the process of practice was relatively regulatory. The control and supervision of the caseflow was relatively compact, which ensure the fair enforcement of law by the judicial organs.5. The effects and limitation of the justice of Tang Dynasty. Compared with the previous dynasty and the latter dynasty, Tang Dynasty's justice has distinctive features and effects. But due to the historical reason like feudal autocracy, its limitation is also distinct.6. The civilization function of justice in Tang Dynasty. Justice and civilization are closely linked, the Tang Dynasty is the concept of Chinese ancient history of the fusion of Confucianism and method in the mature period, Confucianism general guidance, method of be the ruling class elites, justice management tools in this background, the civilization function cannot be ignored.7. The reference value of the Tang justice. In the conclusion part of this dissertation, centering on the study on Tang justice and civilization, the author throws lights on the reference value from five perspectives.