Probing Into The Relationship Between Crime And Punishment Of Penalty-Ransom System In Tang-Song Dynasties

Penalty-Ransom system has a long history in China, which lasted from late Xizhou to the late Qing Dynasty. according to Mr Ren JingtianSheng's textual research in his article , Penalty-Ransom has been wide- spread and extensive from Han Dyanasty to Southern and Northern Dynasties, there were relating regualtions in Han Dyansty, Jin Dynasty, and Southern and Northern Dynasties, especially, there were regualtions in Southern and Northern Dynasties likenning to Penalty-Ransom substituing the"using post offsetting penalty"leftover. Law makers in Tang Dyansty in Tang intergrated and standarnized regualations related Penalty-Ransom system in its pervious Dyansties, which had lasted to the late Qing Dynasty. Thus Penalty-Ransom system has its value and significance in Chinese ancient legal system.Recently,the research relating Chinese ancient penalty-ransom system is fruitful, some discuss penalty-ransom system throught the overall history, some define it in a special period. However, researches mainly focus on its system, nature, principles, content and ideological foundation. And, most scholars make great efforts on the systems in Qin-Han Dynasty and Ming-Qing Dynasty, researches of which are fuirtfull and exihibits flourishing situation.But,few scholars of legal history specialize in the relationship bwtween crime and penalty, of course, it does not exclude that some scholar have thought on it. As we know, the relationship between crime and penalty is the base of crime law; crime and penalty regulations are the key regultions of criminal law, are basic regulation and mother regulation. So, studying on the relationship between crime and penalty should be highlighted, and penalty-ransom was aiming at crime or penalties. Thus, the paper makes initial exploration on the relationship between crime and penalty of penalty-ransom system starting with the penalty-ransom. In the light of way of current reseach, the paper laso adopts the modern crime and penalty notions.The crack of the paper are the analysis of connotation and understanding of the relationship between crime and penalty in Tang-Song Dynasty. There are four chapters in the paper. The first chapter discusses the overview of the penalty-ransom system before Tang-Song Dyansty,which is foreshadowing of penalty-ransom system in Tang-Song Dyansty. The second chapter focuses on the textual research of penalty-ransom system in Tang-Song Dyansty and reflections of relationship between crime and penalty by reviewing relating penalty-ransom system in Tang Lu Shu Yi. The third chapter engages in textual research from regulation in criminal law of Song and Qing Yuan Tiao Shi Fa Lei, then investagate into them. The fourth chapter studies the overall relationship between crime and penalty of Tang-Song penalty-ransom system. Finally, get a conclusion of the relationship between crime and penalty of Tang-Song penalty-ransom system.The paper mainly investagates penalty-ransom from system level, basing on which cautiously elucidats penalty-ransom and the relationship between crime and penalty in it on the aspects of ideas and spirit. The main basis is: the relationship or system between crime and penalty should be the inherent and virtual content, the determination of notions of crime and penalty, the defination of the relationship between cirme and penalty are important for Tang-Song law study. And, the content of penalty- ransom is atonement guilty or punishment,is directly parallel with guilty or punishment, so penalty-ransom is starting point of studying the realtionship between crime and penalty.Every system has its own inherent features.the main purpose of the paper are: firstly, systematically and objectively generizing the penalty-rasom system; secondly, investigating the relationship between crime and penalty in Tang-Song system from the aspect of penalty-rasom system;thirdly, basing on the given analysis, deducing the relationship between crime and penalty.