The Research On The System Of The Tang Dynasty’s Judicial Responsibility

The system of Tang Dynasty’s judicial responsibility was determined by the original xia, shang and Western Zhou Dynasties of gestation period of fuzzy rules, to Qin when established, developed in han, three kingdoms, the two jin, south and north dynasties and sui, and finally finalizes in the tang dynasty, become a mature and consummate legal system.All the connotation of the Tang Dynasty’s judicial liabiliti’s system is rich, the article is exhaustive. Due to civil and criminal liability have a branch, its main responsibility could divide into the criminal justice institution and the judicial officer, the civil Judicial organ and the judicial officer. It mainly includes the illegal not to accept the litigation and accept the lawsuit legal responsibility, illegal trial of the judgment of legal responsibility, illegal legal responsibility and illegal the sentence of the legal responsibility. The content of each legal responsibility is not single, which contains many different situations, so here is a tautology.Analyzing the system of Tang Dynasty’s judicial responsibility, we can be summed up with the following basic characteristics:firstly, legalization, institutionalization; secondly, the judicial officer:identity of the compatibility of judicial power and administrative right; thirdly, punishment to punishment; fourthly, the responsibility of the special joint principles. Furthermore, all the formation of the tang dynasty the responsibility system is not achieved overnight, but after more than two thousand years of accumulation of the development of history, which formed under the joint forces,such as the political, economic, ideological and cultural aspects, the ruler’s aspects of the factors and so on. Although there is no innovation in every generation after the tang dynasty, but many are to a great extent inherits the Tang Dynasty,so all the liability system in tang dynasty has a connecting link between the preceding and historical role.There is no doubt that, the forming and the operation of all the tang dynasty’s judicial responsibility system has had a profound influence to the judicial order and the whole social stability and development. First of all,it has provided the legal basis for judge’s concrete judicial practice behavior, then carried on for the judicial activity’s order has provided the safeguard; Secondly,it reorganized the stable social order trend though the achievements of the bureaucracy order and local officials, thus consolidate the rulers of the regime and the emergence of a China feudal society history of rare golden age--" rosperity of zhenguan governance "and" kaiyuan prosperous time "; Finally, it is the balance of public psychology regulator based on the illegal behavior of the punishment of the fractured, and mitigated the class contradictions. But in the feudal autocratic system history condition, it is inevitably has the limitation which is unable to broken through:Imperial power as the center of the system of absolute monarchy, patriarchal hierarchy privileges to the core system and the result of the social constraints of the environment as a whole of system and practice deviated from the phenomenon.The historial development can’t be splitted, in the ancient and the present, the positive and negative aspects of the experience of the Tang Dynasty’s judicial responsibility system could give our society a lot of enlightment now, we must first learn the spirit of the Tang Dynasty rulers paying more attention to the law and managing the officers strictly,but also give full play to the existing law about the judicial responsibility system,the most important is we should pay attention to the judicial practice, guaranteed that the system and the practice are not to depart from each other.