The Analysis Of The Death Penalty In Tang Dynasty

The death penalty as the most severe criminal penalty of the five criminal penalties in feudal social system, has the important features of depriving human life.So, the analysis of the death penalty has very important realistic significance. Tang Law as the representative work of feudal social law, has detaile provisions of the death penalty by the way dreding of legal counselor examples,that we can call it the Legal model. Based on this, it has academic value by the death penalty in Tang Dynasty as the research object. Academics for the research results of the death penalty in Tang Dynasty is not very comprehensive,and the work of the death penalty is less,which,to a certain, make us know death penalty of the Tang Dynasty not deep.This paper based on the death penalty of Tang Dynasty as the research object, state the enactment, amendment and characteristic of Tang Dynasty systemly,referencing some scholars about law research achievements. On this basis, the paper will introduce and analysis the laws and regulations on the death penalty of Tang Law. At the same time, this paper collected a large number of cases, and conclude that the law in the implementation process is not the same as law regulations,through comparing with case law under the condition of the Tang Dynasty. It occurred windage in charges applicable, the way of execution, and litigation process.There were many reasons that caused the differences between laws and facts,including the imperial power interference,the function of the speech suggestions,social status and so on.At the same time, we also noticed, the rulers of Tang Dynasty had the attentions to the compensation of the misjudged cases.