Tang Lv Shu Yee Song Criminal Comparative Study

As the representative work of ancient Chinese code of laws, Codes of Tang Dynasty has the legalization technique of equal maturity, it is an integrity keep up to now an earliest code of laws, be doubly valued in the academic circles.As a code which connect Sui Tang and Ming Qing,Criminal Laws of Song Dynasty has rather an important place.Most scholars conclud that Criminal Laws of Song Dynasty is a piracy of Codes of Tang Dynasty after they compared them.But in fact,we have to compare both the inheritance and development of form and contents first in oder to obtain results.In form,Criminal Laws of Song Dynasty keep the structure of Codes of Tang Dynasty.It continues to use articles,explanation and comment.At the relationship between contents,Mingli is still the general part,the others are the sub parts.In addition,Ten Wickednesses overall the charges of all parts.furthermore,Criminal Laws of Song Dynasty is parted into several men.The explanation parts,which was placed before every chapter,is deleted. In addition,Royal Decrees are increased.The distribution of the provisions are transfered.Come up to see from the contents, Criminal Laws of Song Dynasty inheritted the main priniple and system of Codes of Tang Dynasty:The gift law wedge bonding, five Xings, ten bad, cohabitation phase concealed, these system and priniple are all what the quality of feudalistic society by all means requests to have.In inheritting the foundation of these systems, Criminal Laws of Song Dynasty and then according to be dynasty of community political economic deveolp condition, with the form that the Chi makes, added a series of priniple and system, if consider a metered Xing priniple, severely punish thief s thief s priniple and fold the system of Zhang Xing.On top of that, Criminal Laws of Song Dynasty deveolped right in rem system, obligation right system and litigation system, for in the days to come code of laws system of perfect made important contribute.It should be said that,all of the inheritances are under this premise of feudal society. And the profit and loss are made according to the development of the times by legislators of Song.They have distinctive character,and paving the way to laws of Ming and Qing.