The System Of Damage Compensation In Han And Tang Dynasties

Compensation for damages system is assignable content in the Chinese ancient law. Although the academic circles has the certain attention regarding this, the connected research can penetrate by no means. If we will grasp the damage compensation in the Chinese ancient law, we must clarify the concrete content of every dynasty first. The article will attempt to comb, analysis and narrate the stipulation of damage compensation in HAN and TANG Dynasties, it will promote to grasp polytropism of the Chinese ancient law.The first chapter of the article discusses the connotation of "damage compensate"from a perspective of legal history. After analysing the terminology of "damage compensate", all these indicated that the damage compensate was the important legal idea and the system at that time. The legal relationship reflected in the "damage compensate"and the connotation of "damage compensate" used in the modern legal science has some similarity. In the same time , analyzed the violation responsibility system in the Tang Dynasty, it indicated that the damage compensate was one of the particular relief ways which the legal system stipulated at that time.The second chapter introduces damage compensate stipulation of the law in Qin and Han Dynasties .The legal damage compensate stipulation in ancient china was allowed to trace in the history of Western- Zhou Dynasty. We can know it from "zhou li"and Bronze article. In the history of Qin and Han Dynasties, the damage compensate was the important aspect which legislated at that time . Looked from the unearthed literature, the compensation form mainly had two kinds of types: the compensation for violating government authorities and private property, compensation produces because of the contract behavior. In order to guarantee the compensation right person to realize the compensation power, the law also stipulated several realizations ways and taken the corresponding measure in the executive stage. The compensation legislation had the distinctive characteristics: the country selfish departmentalism and valuing livestock product damage compensate. The compensation principle of "the fair price compensation ", "reduced price compensation ", "one to three compensation " manifested scientific.The third chapter introduces property damage compensation in the Tang Dynasty. Based on the law of Qin and Han Dynasties, the related damage compensate stipulation has further developed in the Tang Dynasty. The main shapes: the damage compensation of violation government authorities and personal domestic animal; the damage compensation of destroying government authorities and personal belongings; the damage compensation of violation government authorities and personal paddies, etc. Regarding property damage compensation, the Tang Dynasty had stipulated the compensation principle of "Completely compensation","reduced price compensation ", "compensation half of the price reduction". It played the vital role on protecting property rights such as domestic animal, land and so on.The fourth chapter will discuss compensation of violating the other people person. Regarding violating the other people person behavior, although the law still persisted the primarily principle of criminal sanction , it considered victim's economic loss, so it required the infringer gave the compensation or recompense for victim. But the compensation did not take the independent responsibility way but attached to the penalty.The fifth chapter introduces that in folk contract behavior, they agreed the compensation principle in lend contract, hire contract, rent contract and so on. It indicated that there was a innate set of damage compensate rule in the folk society.In the sixth chapter, I will discuss that in order to guarantee the implementation and the realization of the compensation responsibility, the law has formulated a more perfect standard on compensation way, compensation execution surveillance and so on. In conclusion, the damage compensate stipulation of the law has institutionalized, systematized and consummated gradually.The seventh chapter is the conclusion of the article. From above, the compensate system of Han and Tang Dynasties displayed the social function in three aspects at least, First, Compensated the victim's economic loss .Second, disciplined punishment and contained illegal act. Third, alleviated the intense interpersonal relationship and maintained the social order. Looked from the present, Many scientific and reasonable content of the damage compensate stipulation are worth profiting .