The Study On The Official Crimes Concerning Illicit Goods In The Tang Dynasty

The government officials are the important constituents which the country can revolve. Therefore, if the state apparatus wants to revolve, the government officials are a necessity. The crimes of government officials have a negative effect of the development of the social politics, the economy, the culture and morality. In particular, punishing the crimes of officials which relate to illicit goods was an important aspect that all past rulers had paid great attention to. Tang dynasty, which was the highest prosperous point of the dynasty, not only carried on a great deal of explorations and practices in the legislation of punishing corruption, but also formed a set of mechanism of punishing corruption having overall contents and tight structure.The emperor of Tang Dynasty in the early period summed up historical experiences on the basis of the previous acts on the criminal of their officials taking bribes. They made criminal actions and legal requirements in details. The tight structure of the rules was an important characteristic in legislation of punishing corrupt officials. The correlation legislation of the crimes played vital role to prevent the corrupt crimes of officials effectively. It has modern value simultaneously. This article includes four chapters to discuss the concerned crime legal rules of corrupt officials, the execution of the law situation as well as the correlation system in the Tang dynasty.The first part carries on the outline of the crimes of officials which relate to illicit goods in the Tang Dynasty. First, it introduces the main legal rules of crime of the officials which relate to illicit goods. The rules can be divided into two kinds. One is the crimes of corruption and the other is the crimes of bribery. Next, it summarizes the legislation characteristics of the official crimes concerning illicit goods by analyzing the concerned legal rules. Then I point out the structure of detailed rules. The strong operation and high level of legislation are two important characteristics. It reflectes that the legislation of the official crimes concerning illicit goods had entered a new historical stage. The second part mainly is divided three sections to elaborate the punishment of the crime of officials concerning the illicit goods. In the first section, it elaberates the punishment rules of the official crimes concerning the illicit goods. The rules had vital significance in the application of law. In the second section, I analyze the punishment of the official crimes concerning the illicit goods in the judicial practice. In concrete judicial practice, the legal rule was implemented for sorts of reasons. Especially, the differences of the punishment of the official crimes concerning illicit goods were very obvious between the earlier and the later period in the Tang dynasty. Although the legislation achievement is prominent in the Tang dynasty, there are some inherent limitations inevitably.The third part mainly elaborates the related systems of the crime prevention in the Tang dynasty. The systems such as the official appointment, the evaluation system of officials and the supervision system were stipulated in the administrative statute book. These systems formed a kind of interaction between the system and legislation.The official appointment system was the first guard line to corruption crime. Through a series of effective appointment method and the limit measure, lots of honest and pure officials were selected. Therefore, it played a positive role in the prevention of the crime. As a regular system, the evaluation system of officials gradually developed in the feudal society, it was the law and the administrative regulations which the country enacted ,carrying on the inspection to all levels of government officials, according to its different performance and difference rank to award and punish them in a certain time. The strict evaluation system of officials had solved the feudal corrupt condition in a certain degree. The authority is a handle double-edged sword. It not only can be benefit to the people, but also can be harmful. When the civilization developed into a certain degree, the system of the restriction of power appeared. The supervisory system in the Tang dynasty strengthened the surveillance to the official and adopted some measures to guarantee the supervision fair. In order to keep the supervision effective, the related system in the earlier period of the Tang dynasty mainly supervised the official's personal character, the achievements, and the tutelage of officials. These systems demonstrated that the ruler highly valued the supervision of officials. Also the effective supervision organization was influenced by the imperial authority which caused the supervision lost the independence in the certain degree. The supervision system still should be affirmed in the crime prevention aspect.The fourth part carries on the concrete analysis to the modern value of punishing the official crimes concerning illicit goods in the Tang Dynasty. First, it analyzes the legislation value of corruption crime to our country, From the angle of the constitution of crime and the penalty of the crime, it emphasizes the modern value of the related legislation of the crime. Second, it elaborates the modern value of the related system of the crime prevention. The systems such as the surveillance organization, education of honesty in performing government duties and more favorable salaries for the honest and pure officials played a positive role in the crime prevention. These systems have an important value to crime prevention today.The history of anti-corruption in the Tang Dynasty can be said to be the epitome of the history of ancient Chinese correctional corruption. We admire the prominent legislation achievements in the official crime concerning illicit goods of the Tang Dynasty. We absorb some precious experiences .It is also the aim of studying the ancient legislation and the tradition of legal culture. There are lots of problem in the study of the crime of corruption that need to solve effectively today. Studying the essence of the ancient law is helpful to corrupt prevention today. It has an important theory and the practice significance to perfect the legal rules of crime prevention in our country.In the development of economic globalization today, we still shouldn't ignore the social phenomenon of corruption. It is an effect way to punish the crimes of corruption through establishing the law and the concerned system. Carrying on the prevention and surveillance, strengthening the legislation and the judicial practice, improving the quality of officials can ensure the effectiveness of the function of government and keep the national politics order stable. The experiences of the Tang Dynasty is very helpful to the prevention of corruption nowadays.