Tang Dynasty CRIMINAL Trial System

The governer of Tang Dynasty drew lessons from Sui Dynasty which died from tyranny and torture and realized how it is important to have a stable and consistant legal system. Inheriting the spirit of law during the Qin and Han Dynasties and the Wei Jin Southern and Northern Dynasties, the governer of Tang Dynasty advocated humanity while paid less attention to torture. Under the principle of combination of courtesy with laws and humanity taking leading role while punishment minor role, the Tang governer established a complete legal system, supplemented by other laws, playing a significant role in maitaining the governance of feudal lords and their feudal ethic system.The process of a criminal suit and trial in Tang Dynasty was standardized and made a system, reflecting the importance that the governer attached to the criminal law. The Tang's Law was systematic and coherent, brief in content, which boasts of techniques and structure since Qin and Han Dynasty. It was typical of Chinese fuedal laws and set an example for the establishment of law for later generations and a core in the Chinese legal system, which plays an important part in Chinese history. The Tang's Law has a far-reaching influence in research on Chinese legal system and ancient law institutions, with the criminal law being the most mature part. The jurisdiction system was complete and practical.Tang's jurisdiction belongs to the function of administration and the supreme power of the jurisdiction remained to the emperor. The trial insititution had both functions'of prosecution and trial, without an independent prosecution institution, and the prosecution procedures were not complete, reflecting the limits that landlords cannot go beyond in establishing a legal system. Despite this, Tang's Law put into sound practice the principle of combination of courtesy with laws and humanity taking leading role while punishment minor role, by adopting tolerant laws, judicial responsibility system, trial and re-trial system, death penalty re-checking system and etc. Tang's trial system for criminal cases was characteristic of consistency. It showed that people's rights were protected and justice and efficiency were pursued, by setting regulations on responsibility system for the judiciary, timing of trial, avoidance system, and death penalty re-checking system.Tang's Law was typical of Chinese fuedal legal system, which originated in ancient fuedal society. Although Tang's trial system was established on the basis of rule of man, it still had some positive effects on the lawmaking of criminal suit and judicature for the modern world.This paper aims to draw experience from Tang's avoidance system, jurisdiction system, penalty system, re-checking system, death penalty re-checking, re-appeal system, recording system, hearing system, timing system, evidence system and judicial responsibility system, to benefit revolution of criminal prosecution and the construction of criminal law system nowadays.