Research On Six Zang In Tang Code

Six Zang(?)were a nomenclature that established in Tang Code.Through Bilei(??)of typical six Zang(?),the function of summarizing the property crime had been beared.From the perspective of Tang Code,with the relevance and typical comparison,we can refocus and tease out the connotation of six Zang(?)'s legislation,then renew our understanding of the six Zang(?)from the Code meaning and penalty.Before the Tang Dynasty,the word "Zang"(?)had evolved from depending on other word's meanings.Since its birth,the word "Zang"(?)refers to the property obtained by improper means,that is,steel,take bribes and so on.Compared with other legal terms,"Zang"(?)had a firm connotation before the Tang Dynasty,the usage and calculation method within the law only.Therefore,the continuous progress of "Zang"(?)in the Tang Code is the hierarchical division of generalization and refinement,and the progress of classification based on the concept of Zang(?).In the Qin and Han Dynasties,the crime of theft has been regarded as a typical one,which has been applied to the punishment of various crimes involving taking bribes and other property crime.Zang(?)is widely used in Tang Code.The meaning of the word "Zang"(?)in the chapters of Tang Code,can be divided into five categories: the goods that has been illegal took,the number of Zang(?),the property crime,the degree of punishment and the disposal of additional about Zang(?).The core connotation of Zang(?)is the concept of counting punishment to other rules in Tang Code that associated.That is to say,the number of Zang(?)had been used to establish the corresponding penalty rules,so as to ensure that all the laws and regulations concerning the same standard,relatively fair and consistent judicial judgment.Therefore,the calculation of Zang(?)in Tang Code had a very common calculation method,and the penalty had been established by legislation combined with Zang(?)number,using as short as possible.The calculation connected Zang(?)and penalty clause.Zang(?)can not only be counted,but also be connected with more legal concepts in the legal system,so as to continue the fixed connection and unique direction between the number of Zang(?)and the penalty.The meaning of "six Zang(?)" in Yishu(??)of Tang Code is at the first place,it is created in Yishu(??).Therefore,from the sequence of the formulation,the name of "six Zang(?)" showed that the explanation of jurisprudence is difficult and the function of Bilei(??)is more professionnal than the classification itself.Combined with the common words of "counting Bilei(??)as a crime" in Yishu(??)and the fixed usage of connective analogy legislation and establishing penalty are the main directions of interpreting and creating purpose of six Zang(?)in Yishu(??).Six Zang(?)could be Bilei(??),first of all,it is a collection of typicality and experience.Among the six Zang(?),such as robbers and thieves are more closely related,and the two crimes could be talked together.The other four Zang(?)are different,but the difference was smaller and the four were more similar,so they can be regarded as one type.The typical characteristics of theft in typical property crime include: the confirmation of criminal intention to count Zang(?);Identification of property acquisition behavior;The confirmation of other circumstances constituting the crime and the severity of the crime of not possessing property are still established.The crime of theft reflects that the Tang Code also considers the circumstances of crime and confirms the social harmfulness of Zang(?).From the characteristics of the crime,we can identify the differences between the ancient and modern in the penalty setting and value choice of the crime of property in the Tang Dynasty.The other four Zang(?)of the six also have very typical comparable characteristics.If the offender's status is similar and the way of receiving the property is the same,the reason of receiving the property can be divided into two parts: one is because of the event,the other is not because of the event.Among the four crimes,except for the clear nature of "bending the law by receiving property" and "not bending the law by receiving property",the scope of the crime is especially wide,and as a typical crime of Zang(?),it can be compared in more specific rules.The Tang Code established a series of comparative punishment to determine the severity of punishment.We can judge the appropriate punishment by comparing the related crimes in the series,so as to balance the severity of punishment in the Code.Among all the Bilei(??)categories,the comparison category of Zang(?)crime,because of its skillful inheritance,appears to be in-depth and natural in use.Compared with the rules of the Wei and Jin Dynasties,which is only called the typical six Zang(?),Bilei(??)also had its mature and stable use.For instance,the punishment of the crime of not bending the law by receiving property is similar to the crime of receiving the property by Jianlin(??),and the meaning of the crime is similar.When compared with other crimes,they often choose the lighter property and skip the crime of not bending the law.As a result,there is no way to compare the crime of not bending the law by receiving property,which is completely incompatible with the other five Zang(?).Therefore,the actual comparison in the Tang Code is just five Zang(?).However,the Tang Code has a complete structure and far-reaching inheritance on the establishment of the six Zang(?).While the Ming and Qing codes still use the name of six Zang(?),they also continue the legislative tradition of the six Zang(?)Bilei(??),and retain some characteristics of the coordination of punishment.Especially after the Ming Code was changed to the fourth class of the crime of six Zang(?)Bilei(??),and the crime of not bending the law gradually increased,It showed the comparative advantage of the fourth-class criminal rank and the different wisdom and legislation techniques of the Code of Tang and Ming Dynasties.In the Tang Dynasty,Bilei(??)was frequently used.Bilei(??)itself can have multiple levels of association.After one comparison,Bilei(??)can be used twice,three times or even four times,which is beyond the imagination of later generations.In Tang Code Bilei(??)used on six Zang(?)to set penalties and the subtypes of Bilei(??)under six Zang(?),including the comparison of various special crimes to ordinary crimes and frequent crimes,which accounted for one third of all Tang Code rules.The large number and wide application of comparative legislation in Tang Dynasty reflected the free and skillful use of Bilei(??)legislation.The legislation of Tang Code is very tidy and general,and the legislative considerations are integrated into Zang(?),which is reflected in the scale and goods,and corresponding to the severity of punishment.Therefore,the crime of property in the Tang Dynasty is the result of comprehensive consideration of behavior,plot elements and social harmfulness.As the name of the classification of property related crimes,six Zang(?)were a separate classification of Tang Code.This classification fact undertoke the function of generalizing the meaning of crimes against property.This function is not completed by six crimes,but is expanded and reflected by the comparison of other rules that similar.The system of crime and punishment formed by the comparison of the six kinds crimes in the Tang Code and the " other rules that similar " has been properly considered and taken care of each other in a legal code,which has become a collaborative system,reflecting the sophistication and simplification of the law of the Tang Code in using the Zang(?)number as the only element to summarize all the elements of crime in the Code.Tang Code not only established the connection between crime and punishment by Bilei(??),but also continued to classify by Bilei(??),so as to achieve the actual effect of classifying charges and criminal justice.