Study On The Ransom System In Tang Dynasty

The ransom system, as an important criminal justice system in Tang Dynasty, originates from Xia Dynasty and developed through several dynasties to reach maturity in Tang, when the ransom system fulfilled the wide range of application and the explicit content, thus it reflects and maximizes the nature of the feudal ransom system. Representing itself with its standardization and institutionalization, the ransom system in Tang Dynasty has become the model of the ransom system in feudal society and the sample of study on the ransom system.In introduction, the paper briefs the concept, development, current situation and the significance of the study, and analyzes the influence of emperors'legal thoughts on the ransom system. The paper further analyzes the current situation of study on the ransom system in the following aspects. Firstly, it focuses on the content of the ransom system, which is stated in detail regarding the applied audience, restricted application and the level of the system. Since legislating the ransom system in Tang Dynasty should be put as the important points, the study is based on the legislation angle to research on the static ransom system. Secondly, it focus on the implementation of the ransom system, including the practical approaches and the decision authority of ransom, responsibilities of judges in the process of applying the ransom, the deadline of ransom implementation, the administrative results of that Ransom system bring to officials crime and the punishment of the ransom in the misjudged cases. Thirdly, it states the characteristics of the ransom system in Tang Dynasty, including the wide range of application, the reinforcement of distinction between voluntary and involuntary crime with explicit standards. Fourthly, it illustrates the function of the ransom system in Tang Dynasty. This part mainly evaluated the influence of the ransom system on the society from the positive and negative sides respectively. Fifthly, it analyzes the modern significance of the ransom system in Tang Dynasty. Based on the study of the system, this part combines the content of the ransom system in Tang Dynasty with the structure of the modern ransom system. This part connects the ransom system in Tang Dynasty with the modern rule of the law in terms of the applied audience, the ransom system and the property-oriented penalties, the principle and the approaches of the ransom system. With the identification of the pros and cons of the Tang ransom system, the paper provides the suggestions to the modern system of punishment in order to rebuild the ransom system to compensate for the disadvantages of short-term freedom penalty, so that the spirit of humanitarianism and the anticrime of the penalty can be fully embodied.In the conclusion the paper analyzes the limitations and positive effects of the ransom system in Tang Dynasty from the angle of dialectical materialism. With the thousands-year long history, the ransom system has been the law of priority for feudal dynasties, which drives its limitations through the Tang Dynasty inevitably. However, as an important legal proceeding in Tang Dynasty, the ransom system still plays a positive role to some certain extent. With the analysis, conclusion and objective comment on the Tang ransom system to sum up experience on building modern ransom system, the profound significance lies in perfecting the modern system of punishment and constructing the socialist legal system.