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On Bribery Crime Of The Tang Code

Posted on:2005-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhengFull Text:PDF
GTID:2156360125469275Subject:Legal history
Abstract/Summary:PDF Full Text Request
China enter into a period of legal system's maturity from Tang Dynasty. The prophase of Tang Dynasty follow the legal system of Sui Dynasty and make laws, orders, forms, modes as the main content of legal system among which orders, forms and modes was deficient but only Tang Lv Shu Yi was perfected reserved as a representative criminal law. As a comprehensive expression of law in all Chinese ancient law, The Tang Code possess skillful legislative technique and complete content which have terribly representative regulation on bribery crime. The Tang Code not only prescribe conviction and sentence on all kinds of bribery crime but also provide a complete set of applied principles so that the articles in the Tang Code can be prone to execute in judicial practice and be adopt by afterworld. So it's not a slighting problem to study on bribery crime of the Tang Code. In addition China just locate in the dates of economic revolution meanwhile state personnel's crime on duty emerge in endlessly especially the bribery crime. It's a clear-sighted reference for us in virtue of history. It certainly will present theoretic sustain for current employment against corruption if we make a systematic study on correlative articles that comparatively perfect and mature in the past dynasties.From convicting and measuring penalty we can find that the provision is rigor and concrete which restrict strictly accepting bribes and requesting crime and is more exhaustive than actual criminal law. Inspecting the applied principles we can discovered that the principle of count bribe for conviction offer a criterion for conviction and boost up laws' operation. The principle of three penalties equally be applied that make criminal subject receive administrative punishment and civil punishment besides criminal punishments. The principle of penal should equal to one's sin embody the idea to a certain extent that sin should equal to penalty in modern criminal law. We can descry that the Tang Code's constitute is quite rigor from the criterion on bribery crime whose charges are abroad and penalty is severe and scientific. From the cited cases we'll discover that sentences not always according to articles but rules of the Tang Code had been enforced all right putting aside its history localization and had granted the criminal officers severe punishment.
Keywords/Search Tags:the Tang Code, bribery crime, convicting and sentencing, principles of application, analysis of living example
PDF Full Text Request
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