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Evidence System Of The Tang Dynasty

Posted on:2014-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:C Y PanFull Text:PDF
GTID:2266330401469588Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Tang Dynasty is the peak of China’s feudal society, Tang about many legal provisions are products of this period the most outstanding, it not only to the prevailing social and economic prosperity, political stability and cultural progress up the promotion and protection function of big, but also of great significance to the later legislation. Provisions on the evidence system of Tang Dynasty plays an extremely important role in judicial activities. Tang according to provisions of reality, the certificate of conviction and benevolence pity is as a proof of principle is an important official must comply with the trial of the case. Types of Tang Dynasty including documentary evidence, material evidence, evidence of confession, testimony of witness, the record of inspection, the law not only on the types of evidence provided, the evidence collection is provided, including for making population for extorting a precondition, torture, punishment-parts and tools of torture times detailed provisions. In the actual process of collecting evidence, except through torture to obtain evidence, characteristics of the judicial officials in Tang Dynasty can also use the ruse, animal behavior, plant and experience their daily accumulation of evidence collection. Based on the analysis of judicial officials, but also on the strength of the evidence, including the need to more than three people witness can be convicted of such a trial with special identity criminal cases. Officials must comply with the provisions of law in adjudicating cases, if not compliance, tough sanctions will be subject to the law, this is to prevent the judicial officials subjective judgments and ensure fair case results. The evidence system of Tang Dynasty has a history of provisions of higher status in Chinese on the provisions of evidence system, plays an important role in.
Keywords/Search Tags:proof of principle, types of evidence, collecting and applyingevidence reference of evidence
PDF Full Text Request
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