The Research Of Family Break-up Crime In Tang Dynasty

Tang dynasty peaked the development of Chinese feudal society, its mature and advanced law is the precious deposits for the Song, Yuan, Ming and Qing dynasties, and is also the motive of Japan and other countries’western journey. What’s more, it is the chief source of ancient Chinese legal and brings national pride in inheriting Chinese splendid culture.The law of Tang Dynasty is one of the perfect code that exist until the very present, whose contents inherit from the book of law in Warring States to belittle other codes, and enlightened the following Song, Yuan, Ming and Qing dynasties, so it definitely makes the masterpiece of Chinese inherent law. Besides, the influence even affected the development of legal system in surrounding East Asian countries.In traditional Chinese law, the relevant provisions of the family, mostly shaped in the course of Tang dynasty’s legalization, and laid the foundation for the later feudal society.Banning on"separation of family registration" and "division of family property" is one important measure for Chinese feudal governors to regulate family property, maintain domestic institution and realize the controlling of State on families. Before the tang dynasty, similar provisions have never appeared, and the corresponding statement is the Qin dynasty "Division of the son", that is through "Shang Yang’s innovation" in the whole nation to impose the father and son differentiation, forcing the son of adult family to break up with their fathers. Until the Wei period,"division of sons with fathers" was abolished officially. From the national legislation level, Tang dynasty created the provisions to directly prohibit household division. During the Gaozong Yeonghwiwon years, Tang Code was official promulgated,which strictly prohibited the case of family break-up and put heavy sentence to the violators. The law makes a clear-cut show that the prohibition of the individual family division census register, wealth allocating behaviors by the feudal states makes by different by wealth illegal, and lays the fundamental keynote on "family break-up" system in the following dynasties with systematic and comprehensive legislation.In this paper, the analysis and discussion of "family break-up" are conducted under the background of typical Tang dynasty with the theme of "family break-up", by means of combing the modern criminal composition theory of criminal law, digging out and focusing on the historical materials such as "sons of the family break-up","adoptive parents but had children".The Elucidation of Tang Law: Marriage Law, and "ten sins","free the anchoret article" in The Elucidation of Tang Law:Famous Examples.Home is the social cell, and is the basic component of national unit; harmonious family is the proper meaning of social harmony. Although, today’s family values are different to feudal societies, the cultural connotations reflected by the family are identical. Bear this in mind, it is hoped to enlighten the undertaken construction of harmonious society by means of this shallow attempt.