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The Sacrificial System In The Law And Ling Of Tang Dynasty

Posted on:2008-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2166360215452420Subject:Legal history
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Sacrifice is an important human activity, especially in ancient Chinese society, possession of sacrifice is very special status. This article take the Tang Dynasty as a center, take the Law, Ling these two kinds of law form as cuts into, in more careful research Tang Dynasty sacrificial system. The article altogether has four parts:The first part is mainly explained sacrifice and the sacrifice in the Chinese tradition society's status. The sacrifice produces to the primitive society, because on the limited capacity of human early understanding that the existence of supernatural forces, and this belief, awe, thereby creating worship, and its essence is to put the relationship between the ancient quest rewards, between man and God and the promotion of the activities. In China ancient times in the society, the sacrificial offering content extremely was rich, from the sacrificial offering goal, the specification, the object, the time, the place and so on various looked, all exists have the different type of the sacrificial offering activity. The sacrificial offering has the important influence to the law of ancient China: On the one hand, the Chinese tradition society etiquette and law gathers one, but etiquette source to sacrifice; on the other hand, the religion ancient times in the law specially manifested in China, the performance entered the law for the sacrificial offering.The second part is a main analysis on the content of the related sacrificial offering in Tang Dynasty's Law and Ling. In Law, altogether some14 related sacrificial offerings system law article, the article carried on regarding this has generally direction and the analysis. Tang Law the sacrificial offering system might divide into three kinds in the content: Related sacrificial offering etiquette system stipulation, related sacrificial offering place stipulation, related sacrificial offering utensil stipulation. And or defers to the different responsibility main body to these three kind of Tang Law sacrificial offering system, or defers to the different protection degree, or defers to the different protection object, conducts the classified research.Tang Ling has been lost, but under diligently word scholars already recovered nearly half content of Tang Ling. In today recovers Tang Ling, related sacrificial offering system involves nine commands, 66 regulations articles. The article also carried on regarding this has generally directed and the analysis, and thought Tang Ling made these contents to be possible to divide into the general rule system, the sacrificial offering regular system, the safeguard system, the sacrificial offering main body system, the sacrificial offering goods system five kinds. Among them, Tang Ling makes the sacrificial offering general rule system including the concept rule,the supplement rule two aspects; The sacrificial offering regular system all has the unification in the legislation technology the pattern: The sacrificial offering time + sacrificial offering place +sacrificial offering object, the article and carries on the analysis according to this three kinds to the sacrificial offering regular system; In the safeguard system includes Bu Ri, Sanzhai Zhizhai, the sacrificial offering the official should pay attention privately, vacation for private sacrifice four aspects contents; The sacrificial offering main body system now eyeable Tang Ling mainly is official ancestral halls offers a sacrifice to the qualifications, Sangong sacrificial offerings two aspects content; In the sacrificial offering goods system Tang Ling consecrated to the sacrificial offering with the sacrificial offering uses the utensil to carry on the legal rule.The third part is carries on the characteristic analysis to the sacrificial offering system in Tang Dynasty Law and Ling. The article believed, for the sacrificial system, Tang Law wording of the text is simple, clear language, but the Tang Ling stipulated extremely exhaustive is careful, its reason mainly is based on the Tang Dynasty Law and the Ling each has different function in the social life. The Tang Law sacrificial offering rule disperser stipulation in six parts :Mingli law, Weijin law, Zhizhi law, Kujiu law, Zeidao law, has not concentrated the a centralized the chapter, Tang Ling is opposite with it, the sacrificial offering system relative centralized stipulation in offers sacrifice makes in the primarily table of contents;Tang Law sacrificial system of criminal legislation advanced technology, but Tang Ling is inheritance prior to the period relevant content; Tang Law and Tang Ling in the sacrificial system is not independent in the content, but a combination, Tang Ling providing additional to Tang Law, Tang Law provide legal guarantees to Tang Ling. And on the longitudinal view, Tang Law sentencing system in sacrifice at the lowest point in history, before and after Tang the punish of law is harder than Tang.The fourth part of elaboration is about the Tang Dynasty law in the sacrificial system influence. Similar to the Tang Dynasty other legal systems, in the Tang Dynasty law sacrificial system also has the profound influence, this mainly manifests in to the Chinese later generation feudalism legislation influence and to the Chinese peripheral country legislation influence two aspects. On one hand, after Tang various dynasty regulation, all has the content which the sacrifice is connected to interpolate in the statute book, not only that, dynasty after Tang regulation about the sacrificial offering system concrete content, all followed, has inherited the Tang Law corresponding stipulation. In the Law of Song Dynasty, Ming Dynasty and Qing Dynasty ,which can be see today, sacrificial systems discipline in the behavior of many rites system, the use of both legal and cultural expressions Tang goes, and sentencing are from the Tang Dynasty in the sentencing provisions.On the other hand, as a result of the Tang Dynasty in the world power, China peripheral Asian country, massively profited from and studies the Tang Dynasty advanced law system at that time , especially Japan.So the sacrificial offering system in Tang Law and Ling profoundly influence these countries in this aspect legislation.
Keywords/Search Tags:Sacrificial
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