On Loose Death Penalty System In The Tang Dynasty Prometaphase

Now the death penalty question is a hot topic in law science domain in our country. We can say, the death penalty research is important also essential regardless of any reason. But, I further believe that our discussion about death penalty should take researching the death penalty system in ancient times fully and thoroughly as the premise. Only under this kind of sincere background, we can discussion death penalty success and failure thoroughly and comprehensively. In several dozens feudal dynasties in our country in ancient times, the Tang Dynasty might have the characteristic extremely. The Tang Dynasty is profound to current our country and even the world influence, which the non- words can describe. But the most magnificent bright time in the Tang Dynasty is in the Tang Dynasty prometaphase. Therefore, this article namely takes the death penalty system of the Tang Dynasty prometaphase as research content.About the death penalty system of the Tang Dynasty prometaphase, this article takes "is loose" two characters as its characteristic. The article has discussed the time that the death penalty produces in our country first. Through widely looking at kinds of materials and referring multitudinous viewpoints, this article affirms the view that believes that in our country the death penalty has produced in the Five Emperors time. As for the reason of the death penalty which produces, the viewpoints are various, for example, Tan view, the class struggle view, Bing view and the view of stopping the capturing, and so on. The author denied the front several viewpoints through the thorough analysis, affirming the view of stopping the capturing.About the manifestation of the loose death penalty system in the Tang Dynasty prometaphase, this article has carried on the elaboration from two aspects of the entity and procedure. In the substantive law aspect, it takes Emperor Teasing of Tang, Tang Goosing and Emperor Xenon in Tang dynasty as representative personages. These emperors carried out series of loose death penalties measure successively; Emperor Xenon in Tang dynasty once abolishes the death penalty in particular, even pushed the Tang Dynasty prometaphase loose death penalty system to the summit. In the procedural law aspect, trial, verification, the time of the death penalty execution time, and so on, all have the explicit stipulation. For instance, when trialing, strictly prohibits extortion of confession by torture is prohibited strictly, and they especially...