Font Size: a A A

An Observation And Analysis Of The Death Penalty Of The Law Of Tang Dynasty

Posted on:2008-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y QinFull Text:PDF
GTID:2166360215452275Subject:Legal History
Abstract/Summary:PDF Full Text Request
In this thesis, I select Tang Lv Shu Yi which radiates the whole discussion. I analyze the varieties and the application of the death penalty in Tang Lv Shu Yi, and research the characteristics and the regularities.The first part is a brief survey of the legislation of the death penalty before Tang Dynasty and in Tang Dynasty. The part is composed of two parts: a survey of the history of the legislation of the death penalty before Tang Dynasty and a survey of the realistic bases of the legislation of the death penalty in Tang Dynasty. Based on the analysis, we can find out that the methods of the death penalty are not as complicated as before and the death penalty is more systematic, and we can find out that the war in the end of Sui Dynasty and the human-centered thinking of the Confucian school affect the legislation seriously in Tang Dynasty.The second part is dedicated to the analysis of the varieties of the death penalty, and it is a normative analysis. I collect and analyze all death penalties in Tang Lv Shu Yi by means of forms. Based on the forms, I expound the characteristics of the legislation of the death penalty in Tang Lv Shu Yi by language. I classify them into three categories. The first is a summary about the death of hanging and the death of beheading in the whole Tang Lv Shu Yi. Furthermore, I find out that there are two hundred and thirty three death penalties, and that the application of the death of hanging is more extensive than the application of the death of beheading. The second is a comprehensive survey about the death of hanging and the death of beheading. I classify them into about eight categories: the crime about violating the emperor and imperial power, the crime about harming the human bodies, the crime about damaging the property, the crime about violating the security, the crime about disturbing the management, the crime about taking advantage of jobs, the crime about military, and the crime about judicature. I explore the objects of the death penalty in the law of Tang. I find out that the rulers protect the human bodies and the properties forcefully, and that the emphasis of the death penalty is also the crime about violating the emperor and imperial power. In the third section, I select the contemporary criminal law as the background, and analyze the summary of the death penalty in Li Dai Xing Fa Kao. I find out that Shen Jiaben's "Shi" has particularities.The third part is about the analysis of the principles of the application of the death penalty in Tang Lv Shu Yi. There are five sections: the principle of a legally prescribed punishment for a special crime, the principle of ethical relations and morality, the principle of empathized penalty, the principle of retaliated penalty, the particularities of the penalty. I select the three sections ahead as the emphasis to discuss. In the first section, I find out that the principle of a legally prescribed punishment for a special crime contains two meanings: the crime and penalty is up to the law and the emperor may judge according to "Qing". Thus, the law endows the emperor extensive powers. In Tang Lv Shu Yi, the emperor may "Shang Qing" on some special occasions. It looks contradictory, but this logic makes the law appropriate. The second section is about the influence of the principle of ethical relations and morality which is affected by the Confucian school's thoughts. The thoughts are noted in Lun Yu. And the contents are expressed with a new method in Tang Lv Shu Yi. In a word, the morality is major and the penalty is minor. I point out that some acts which go against the morality are considered as crimes and the articles of the law contain humanity, and that some moral acts within the family are looked upon as crimes. The principle of empathized penalty means that the rulers are cautious. The system is worth researching and discussing because of its value during the construction of the legal system in China.The fourth part is concerning the survey of the application of the death penalty in Tang Lv Shu Yi, and it is a positive analysis. Firstly, the application of the death penalty is determined by the justice system. The system of time and ways about the application of the death penalty is set by the law, and no one can act against it. And the principle of the judge's responsibilities is very important. Secondly, the rulers'ideas affect the application of the death penalty. Thirdly, the thoughts of the Confucian school decide the whole application of the penalty fundamentally.Through the discussion above, I point out that the legislation of the death penalty is simpler and the rulers apply the penalties cautiously in Tang Dynasty in which the methods of the death penalty are not as complicated and cruel as before. The penalty system is perfect fairly in Tang Dynasty, which we should study. The main objects of the death penalty in Tang Dynasty are to protect the emperor and imperial power and to defend the sovereign system, but the human bodies and properties are protected perfectly in wide range. The death penalty defend privilege and emphasize social status, but the principles about the age of criminal responsibility and women's particular treatments are systematic. The rulers in Tang Dynasty pay close attention to the human bodies, and the application of the death penalty should comply with the checking system. What's more, the emperor checks the death penalty personally. At last, I appeal here, we must study and apply the system of the death penalty in Tang Dynasty in order that the system of the death penalty in China today will develop well.
Keywords/Search Tags:Observation
PDF Full Text Request
Related items