Study Of The Tang Family Crime

Domestic crime is the fierce performance of familial conflicts, bringing about very tremendous influence to the family life. So, studying and exploring domestic crime would provide a better understanding of contradiction between family members, and would be beneficial to grasping the general development of family, at the same time, it is of special significance since it would help us get an overall picture of the ancient society.Must be mentioned The interpretation of Tang Dynasty law when studying domestic crime. It not only synthesize the ancient laws, but also the consummate integration of etiquette and laws. Its outstanding characteristic is conforming with etiquette. This is mainly embodied in the establishment of accusation and the criminal penalties.This dissertation makes an attempt to investigate the domestic crime from a historical perspective. It analyzes the domestic crime such as crime happening and punishing. The comparison of the punishment is made to indicate that in the ancient times, when the procedural laws were legal execution, the penalty loose and the tight difference is very big. At the same time, the domestic crime punishment displays the unique characteristic. It indicates excellent legislative skill in Tang Dynasty. This dissertation consists of four chapters.In chapter one, the domestic crime is defined and the studying scopes are delimited. The current academia studies are reviewed and the method, the significance, the basic mentality and the innovation spot of this topic are showed.In chapter two, is analyzed family in Tang Dynasty. The family members are the principal part in the execution of domestic crime. To study the domestic crime in Tang Dynasty, we must make clear of the family structure at that time. This part discusses the Tang Dynasty family structure and the family members. It discusses the academic achievements concerned.In chapter three, the domestic violence crime is thorough by analyzed. Domestic violence crime is the most dangerous crime of the domestic crimes. Its characteristic is bringing about physical and psychic hurt to the family members with force. This kind of crime mainly happens between elder members and humble members violating each other in historical data. However, the crime between of the same generation violating is few. The domestic violence crime punishment of Tang Dynasty law reflects the demand of etiquette. According to a system of mourning, a humble member of family is in mourning for an elder long time who offends an elder members, he will be subject to severe penalty. On the contrary, if an elder member of family bullies a humble member, he will receive slight punishment; if a humble member of family is in mourning for an elder short time, he who offends an elder will be mitigated penalty, the other way round, an elder will receive heavier punishment.In chapter four, the domestic non-violence crime is explored. This part has three parts. The first is that patriarch arrogates responsibility to himself. Under the ancient patriarchal clan system, patriarch was the governor of the family, so he takes full responsibility for some illegal activities. The second is violating the law and etiquette. After the law consummate integration of etiquette, disobeying etiquette is breaking the law, this embodies the characteristic of the law of conforming with etiquette, also. The third is property crime. This is the crime that the humble and the young commit. Child mainly commits. Parent patriarch was the dominator of the family property in the ancient times. The humble and the young can not employ family property without permission. Otherwise it is breaking the law.Through the discussion of four chapters, this dissertation attempts to explore the emergence of domestic crime, the treatment principle, and the instance of execution. It expounds the execution characteristics of the domestic crime in Tang Dynasty.