| In this article, the author will mainly discuss the origin, contents, progress, limitation of the system of penalty-relief of elderly crime in Tang Code and some revelations to us to establish this system now.The system of penalty-relief of elderly crime first appeared in the pre-Qin period, theorized in Han dynasty, developed in the three kingdoms, two Jin dynasties and the South and the North dynasties, and finally systematized in Tang dynasty. During Tang dynasty, this system became most perfect. In Tang Code, the provisions were more detailed and became a perfect legal system about elderly crimes and criminal liabilities which was even better than the systems of the following dynasties. So it is a typical system of penalty-relief of elderly crime in ancient China.Based on the historical experience Tang Code made plenty of innovations, it divided the age for criminal responsibility into three stages:no responsibility ages, limited responsibility ages and mitigated responsibility ages. The elderly in different ages would be remitted, sentenced to specific punishments or atoned by bronze respectively. In order to implement the system of penalty-relief of elderly crimes, Tang Code identified the ability of criminal responsibility according to the principle of favoring the accused and mitigated or exempted the responsibility of instigated criminals and family accomplice in elderly crimes.The system of penalty-relief of elderly crime in Tang dynasty mitigated the class contradictions to some extent and made contribution to the stability of society. What should be pointed out is that the nature of this system is to maintain feudalism and there are some defects, which may limit the litigious rights and qualification of witness of the aged, in it too. In spite of this, this system confirms the value of human and also has some combinations to the modern theory of criminal law. So now these reasonable and progressive aspects are still worth learning for us. |
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