A Comparative Study Of Jin Shu 's Criminal Law And

On the third year of Zhenguan (629), group headed by emperor taizong of the tang dynasty rule in forbidden, formal establishment historiographers and start large-scale generation before repairing the biographical history of work. Historical transition from private repair to the revised, more emphasis on the history of enlightenment role. To twenty-two years of Zhenguan (648), as one of the eight department official tang and revised the Book of Jin fix from complete. Historical evolution keeps to the Zhongtang dynasty, Du you’s Tong Dian was published, reflects the new development of historiography during this period. On the one hand, a standard, a comprehensive system of body, The punishment policy, on the other hand, from the "rites", this paper discusses system of ancient and modern evolution, emphasis on the history of function. While the "Book of Jin-Criminal annals", with the "Tong Dian-penal code", is the more excellent the two detailed chapters. The "Book of Jin-Criminal annals", describes the evolution of the eastern han, wei and j in period criminal law; the "Tong Dian-penal code" is described from the "emperor" to tang who lived in the history of legal system. They retained a large number of precious historical materials, and in the aspect of compiling historical characteristic and the rule of law has high academic value, but our predecessors carries on the comparative study is less. In view of this, this article hopes to do system of carding and comparing two article. Includes the following several parts:The first part is the study of the "Book of Jin-Criminal annals". The Book of Jin is in emperor taizong "is" and "full" request from completion, because before all the Book of Jin exist shortcomings. In compiling characteristics, the "Book of Jin-Criminal annals" makes the "criminal law" after the han and wei book back; and for a rational understanding of the "criminal law"; genre and style has both reference and more innovative; historical data gathered from show originality, organization. In terms of legal history, attach more importance to the thoughts of etiquette into law, the inheritance and development of penalty killed cautiously, "taking history as a mirror", pay attention to the contemporary law. The second part is the research on the "Tong Dian-penal code". From the perspective of the social background and Du You individual ability, analysis of the "Tong Dian-penal code" compilation background. Same as above the same, from compiling features and its legal system history as reflected in two aspects is analyzed. The third part is the continuity of "Tong Dian-penal code" to "Book of Jin-Criminal annals". They reflect the different compiling feature in legal history in different periods of the tang dynasty, but also reflect the two respective historiography thoughts and legal thought. On the whole, they are also of han dynasty inherited the historical breakthrough innovation, as well as the later writings leave model.