Absorption Of The Tang Dynasty From The Korea Law On Sino-dprk Relations

Korean dynasty was established in A.D.918 and perished in A.D.1392. During the whole process of 474 years, Korean Law(《高丽律》) was regarded as the powerful ruling weapon of the ruling class to uphold Feudal power of Korean Feudal religion and law rank . During the period of Korean dynasty, China was in the dynasty of Song ( North Song and South song ) ,Liao, Jin, Yuan, Ming, but Korean law was mainly influenced by the Tang law and absorbed part content of Song law Song Xing Tong(《宋刑统》). At the end of Korean dynasty, it imported part provision of Yuan Ming Law,but wasn't executed in time because of short time. Tang Law(《唐律》) was the most representative code in Chinese Feudal legality history. It had the great influence on the law of East Asian countries. Korea deleted the unnecessary and the overelaborations and absorbed the brief points to imitate Tang Law from any aspects. So the paper mainly discusses the topic of Korean Law absorbed Tang Law. It mainly has the following 4 parts in the whole paper:the history background of Korean Law absorbing Tang Law, Korean Law' s inheritance of the Confucianism of Tang Law,the inheritance and innovations of law , and the influence of Tang Law and Korean Law.The first part discussed the history background of Korean Law absorbing Tang Law.It sets about this topic from 2 aspects : the formation of Tang Law as the typical and perfect identical Feudal Law ; the legislation background of Korean dynasty . It illustrates the main reason why Korean dynasty absorbed Tang Law and made Korean Law to uphold its centralization of state power as native law .The Second part mainly discusses that the Korean Law inherited the Confucianism of Tang Law, and regarded "Confucianism as the basis(以礼为本)". Tang Law, advertised "Using the feudal morality as the fundamental method of administering a country, while using the penal sanction as the auxiliary means. (德礼为政教这本,刑罚为政教之用)" and punishment fits the crime according the fu zhi(服制),liang jian(良贱),guan jue(官爵). Korean Law is familiar to Tang Law from this point. In addition, Korean dynasty inherited the Confucian ion thought of regarding Confucianism as the basis spiritually in the process of legislation because the ruler of Korean dynasty corresponded to the ruler of Tang dynasty in legislation thoughts.The third part illustrates Korean Law' s inheritance and innovations of Tang Law.Korean Law had 13 chapters 71 provisions. It is less than Tang Law 12chapters 502 provisions. It reflected the close connections in politics ,economy, culture between the 2 dynasties of 2 countries. Through illustration of inheritance and innovations of Law and clearly analyzed the differences and similarities between the 2 dynasties in judicial system, legal articles, judicial system and law enforcement system.The forth part discusses the history status and influence of Tang Law and Korean Law. Tang Law is usually copied by East Asian countries at that time and later time as the model of Feudal legality. Korean Law was the bridge from Silla' s law to Korean Law ,had the connecting role in law history .As a whole, whether the sections, styles or spiritual essence, Korean Law mainly absorbed Tang Law, but not copied wholly , but followed the theachings of Korean ancestor: " Being having different geographic location and different customs and habits, all kinds of institutions in our country is the completely same as the Tang dynasty is unnecessary" (殊方异土,人性各异,不必敬同) The paper illustrates the close connections between China and Korea in system culture from the aspect of the interflow of law and culture.