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Tang Law Of Punishing Of Greed

Posted on:2012-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z L BiFull Text:PDF
GTID:2166330332497271Subject:Legal history
Abstract/Summary:PDF Full Text Request
Corruption crime is the implementation of a class of more serious economic crimes not serious violation of public property, and a tarnished the reputation, and impair the party and government in the prestige, and have serious social harm, officer committed the crime problem with the ancient times have become the most serious social many handicaps, and a social harm, we are very difficult to fundamentally eliminate this phenomenonIn hierarchies of feudal society, the power and money for a variety of interests, the officials into force for continued growth of social wealth, because of greed, the feudal society encourages people to the private interests to their hands. From a variety of historical materials, we hope that is not difficult to see that the rulers of successive dynasties have hope that through their own efforts to change the social ills and maintain their dominance, so that the normal operation of the state machinery, we need another power platform That is the construction of the bureaucracy. In the early tang dynasty, the rulers of a deeper understanding and corruption which analyzes the sui dynasty rapidly, resulting in the end of the results, so that they attach great importance to the government officials, "Moral Law "and "Golden Years Law"are the provisions relating to corruption and bribery of officials of punishment, in the Tang Emperor ascended the throne, the absorption of the previous experiences and lessons learned, the Chinese legal system made a great winner "Codes of Tang Dynasty", A total of 12, 30 volumes,502, nearly 300 job-related crimes involving the contents of the relevant officials, including officials guilty of stolen goods belonging to the economic terms are 30 or so, Remember that these legislative thinking mainly in the "name case law " and "functional legal system", for "six stolen goods, "the first, with very distinct characteristics, laws extremely harsh, from all put an end to guard against official corruption The occurrence of such legislation, for the easing class conflict, to improve the effectiveness of law and promoting prosperity and development of society. Officials guilty of stolen goods as the balance of leverage, Tang played the role of a support and guide, as the famous American jurist Bodenheimer said:"The rule of law where the free exercise of powers under the rules of the obstacles, these To support those who are subject to certain rules of behavior constraints. " Tang in the strict regulation under the guidance of officials developed the idea to set of principles of criminal law and penal systems. While this spirit of the law at that time can not be separated from the nature of feudal society, but the impact of this law for future generations is incalculable, and know now, has been a concern for our government officials honest government still has a remarkable reference.This paper begins from me, "Annotations on" committed on official start of the four stolen goods, to the question as a starting point to study the Tang on the Punishment of corrupt officials thought, this first part will be divided into Four points to talk about, which is stipulated in the Tang Dynasty four stolen goods:fiscal pervert the law by the crime, do not pervert the law by financial crime, the crime by the clinical supervisor and take stolen goods. In bending the law by the financial crimes and the crime by the clinical supervisor and take stolen goods, also adopted the "quasi"word case study approach to detailed analysis of these three important counts, and each charge will come through a number of actual cases Research paved the way for the left end of the paper. Then, the second part talks to the most corrupt officials the punishment of the Sentencing content in this section is divided into adult, a subjective matter and crime three speak, the people into prison officials and non-clinical Pro prison officials, food and absence of Lu Lu who has been the Clerk for the Clerk and not for own, the culprit and an accomplice, with the departure of the incumbent government officials and recidivism, and things to talk about this aspect of the scope of stolen goods, stolen goods and the entry has been The difference between the official and the ill-gotten gains into the circumstances of the punishment, the point about the subjective distinction between surrender and the receipt and obtain a copy of these two aspects, Sentencing by such a study, and more can see the spirit of Tang's legal culture, so the whole article is a step by step the first two most progressive end of the article to elicit a part of the formation of Tang Legal thought such a reason, and to analyze the cultural spirit of the law, through the analysis of the cultural spirit of the Tang Dynasty, and this spirit is applied to the process of judicial practice at the time to go through such a means of understanding the legal life of the Tang Dynasty, a profound Tang government officials analyze the cultural spirit of the law.In China five thousand years of history, clean government is always the rulers of various dynasties have been relentless pursuing the spirit, but for private ownership under the hierarchical system of feudal society, it is impossible to achieve. It also appears briefly in the ruler had just established a regime to maintain and consolidate its status as a goal. However, it can be said, no matter what kind of a social and political power have a strong demand for clean government.
Keywords/Search Tags:"Codes of Tang Dynasty", stolen goods, to the rule of law clerks, cultural spirit of the law
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