A Study On The Crime Of Murder In Tang Dynasty

Kill, makes the lives of others and is one of the oldest crimes,"murder, is the oldest of a crime, criminal law sanctions law was also one of the first law to kill."And the tang dynasty is the peak of China’s feudal era, and tang is the classic of Chinese law and the summary and sublimation of tang law books before."Tang research for understanding and reference to traditional legal system is of great significance, and tang research comes in when the in tang, a general problem with virtue."Emulations of murder each has its characteristics and focus on legislation, the legislation technology achievements, legal principle, legal concept undoubtedly represents the peak of Chinese traditional law science development. So on charges of murder and tang is very important, at the same time, manslaughter and Five kinds of punishment, ten evil have close relations. Homicide in carry out the characteristics of identity relationship, family ethics, through the study of tang homicide, absorb to learn from the ancients’thoughts, good for the development of modern criminal law and perfecting has important significance. At present academia for research and tang homicide, mainly from tang to analyze the specific classification of homicide, mainly has "seven kill" and "six to kill". Traditional emulations research focused on the overall research for tang comprehensive research and not specific enough. But, on the study of tang homicide have a general research to murder the specific classification of detailed research, but for tang murder as a whole comprehensive research, academic circles have not what results, for less than emulations of macro analysis of homicide. Therefore, in this paper, based on this and make a point.This article tried from tang summary of homicide, the main content of the tang homicide, tang comments on the three aspects of manslaughter for tang homicide to do a research. The main content of the main part of this article for tang manslaughter and tang comments on the two aspects of homicide. First, in terms of the main content of the tang homicide, the current academic circles of the existing research results mostly with murder a breakdown of the relationship, including the "six to kill" and "seven killed," said. The traditional "six to kill" and "seven killed," one of the most important is the difference between the "seven killed," said think, tang is killed, based on the view of "seven killed". Current academic research on tang specific crimes of homicide is very detailed, such as "tang" seven killed,"research" has been published in the commercial press in2012, mainly focused on the study of tang homicide in tang specific crimes of homicide, seven manslaughter involves specific concept, characteristics, the analysis of the offense, so the tang specific crimes of homicide is not desirable. But from the overall to abstract the macro analysis of homicide is relatively insufficient, this article attempts from the subject, form, criminal responsibility of three aspects:macro analysis of the structure of the tang homicide and responsibility. First, the main body. Tang homicide in general subject and special subject as the classification standard, the main according to the relationship between subject and object of crime have special identity of the crime. General subject mainly refers to the kill people, between human and the special subject including officials, members of the family, master slave, artisans, physicians, disciple, etc. Second, form. Tang form from preparation, attempted crime, crime of homicide crime suspension, accomplished crime, common crime these five aspects. According to modern criminal law theory based on the relevant provisions of tang homicide can think, tang homicide in the murder of line without roughly equivalent to a crime preparation in the modern criminal law theory, but different, can’t completely equivalent. And seeks the injury discontinuation of a crime and attempted crime, in the modern criminal law theory, in the same way, only to get hurt, and tang is in the implementation of the murder and cause harm to the object of crime, crime subject but is implemented a murder but because criminals not consummated because of factors independent of the will or the initiative to give up in the process of murder crime and did not cause death but no rules, so for all injuries can be attempted crime also can be a crime to suspend the, need according to the specific criminal facts. Crime accomplishment is a basic form of crime, and tang murder of just kill, can be thought of as a murderer, killed a crime accomplishment. In addition, from the number of crime subject, divided into separate crime and joint crime. Joint crime of homicide, the purpose of this article is a joint crime of homicide consists of conspiracy to murder. Hired murder. Conspiracies, hook up, the robber, slightly just sell the murder; Were beaten to kill, and so on. Third, the criminal responsibility according to law. Mainly from tang murder criminal liability, as well as the main content of tang murder to determine criminal responsibility principle in this paper. Tang murder of criminal responsibility of the main contents include the rod, ACTS, flow, and death as well as the redemption punishment and criminal responsibility, etc., to determine criminal responsibility principles in the tang, ordinary people on the basis of homicide and results to determine the nature of punishment, the family members to follow the "quasi Wu Fu to punishment principle", master slave a good base to follow the master slave a good base level between ethical principles, involving officials killed is light weight. Secondly, in terms of reviewing and tang homicide, and the characteristics of this part is divided into tang homicide, tang limitations of homicide, tang history status from three aspects of homicide. First, tang characteristics of homicide. Tang homicide characteristics of concrete is divided into the characteristics of the main body, morphological characteristics, the characteristics of the criminal responsibility of three aspects. One of the main characteristics embodied in the subject have extensive sex, in the main body to carry out level privilege principle, the main body to carry out patriarchal principle; Form characteristics embodied in crime unfinished form which was not line, seeks the injury, the accomplished only in crime, seeks the just kill, murderer, killed a joint crime, only in the murder, killed a bucket to kill; Criminal responsibility is embodied in the characteristics of criminal responsibility on the basis of the different nature and heavy punishment and criminal liability as an associate Wu f u based on principles of system of punishment, criminal responsibility implementation of feudal ethical principles. Second, the limitations of tang homicide. The main limitations from the limitations of the defects of the subject classification, morphological, criminal responsibility of the limitations of the three aspects. The subject classification of defects is mainly manifested in subject classification is not scientific, the main body not covered the noble, the royal family, the upper ruling class; Form the limitations of embodying prepare no clear definition of the crime, attempted crime discontinuation of a crime, it is not easy to distinguish; Criminal liability limitation in subjective imputation, sentencing is not appropriate. Third, the history of the tang homicide. This part mainly from homicide in the position in tang, tang murder on the inheritance and development of the former generation, and tang homicide on three aspects to illustrate the impact of future generations. Murder is embodied in homicide in the position in tang system complex, occupies an important position in the murder itself. Tang murder on the inheritance and development of the former generation embodied in the main inheritance jin tang law, thief kill disappear completely in tang, tang "killed" in the presence of in terms of the current research results, is a development. Tang homicide influence on the later mainly from its impact on the dynasties of song, yuan, Ming and qing and the impact on the modern and significance two aspects.Macro analysis, this article attempts to tang murder but tang manslaughter charges including seven homicide, involved in the law of various complex, so it was very challenging. In terms of tang homicide main contents, this article from the main body, shape, criminal responsibility shall be three aspects to discuss. In terms of subject, from two aspects of general subject and special subject, but cannot guarantee complete list of the main body of tang homicide, there may be some body need to supplement and perfect. In terms of form, crime is not listed separately, mainly because of individual crime is the most general form of crime, nothing special, so there is no. Criminal responsibility aspects content and determine the principle of criminal responsibility of the punishment, but the principles outlined to determine criminal responsibility may not accurate and could have missed, need to continue to study. In reviewing and tang homicide, the characteristics of the tang homicide, mainly through the comparison with the modern criminal law the conclusion, compared with other dynasties, but if it could, it is not its characteristic, this requires a longitudinal comparison, may also can try the comparison with other dynasties and it is concluded that different features. For tang limitations of homicide, the same is also based on the analysis of the tang homicide, combined with the modern criminal law theory as guidance to study, but if compare to other dynasties conclusions may be very different. To the history of the tang homicide, because need to know before the generation of homicide regulations and the provisions of the tang dynasty homicide, content is too complex, so the hard to avoid the conclusion some superficial, needs to be more careful analysis and comparison, comprehensive analysis and evaluation.