Similarities And Differences About Jinxu Policy Between "The New Law Of Tiansheng Era" And "Codes Of Tang Dynasty"

Jinxu thought was a key feature of our legal system in ancient time. It originated very early, and inherited and valued by rulers of past dynasties. It played an important role in easing class conflicts and keeping long-term social stability. Along with China’s feudal legal system continued be matured and perfected, connotations of cautious and pitied punishment were detailed and enriched increasingly, the principles of cautious and pitied punishment were carried out more comprehensively and deeply by legislators. As the classic representative of the Chinese Legal System,"Codes of Tang Dynasty" systematically summed up the judicial practice before the Tang Dynasty, inherited and sublimated the essence of legal thought of the earlier generation, especially the guiding ideology of Jinxu and wide criminal. As one of the most complete preserved laws,"The New Law of Tiansheng Era" of Tangut, what was formulated by the minority and enacted in its ruling within the region, has quite a special status in legal history. It absorbed and learned the advanced legislative ideas and contents of Tang and Song Dynasty in the Central Plain, which naturally included Jinxu thinking. About the researches on Jinxu thought of Codes of Tang Dynasty are more, but there is no specialized combings and related studies on Jinxu in "The New Law of Tiansheng Era" published until now, nor yet articles exploring its origin and relationship with Tang Code in detail. This paper attempts to explore Jinxu thought of "The New Law of Tiansheng Era" on the basis of comparison with "Codes of Tang Dynasty".This article consists of three parts:Chapter1:Introduction. First, to introduce the brief background of the thesis topics, including the emergence and development of Jinxu thought, the importance of the Tang Dynasty Codes and overview of "The New Law of Tiansheng Era" of Tangut. Secondly, to make a description of significance, program and present achievement of study.Chapter2:Similarities and differences about Jinxu policy between "The New Law of Tiansheng Era" and "Codes of Tang Dynasty". This chapter is the main body and the most importance part of the article. It starts form multi-levels, for example the principles of law, the legal systems and legal procedures. Section1:The Jinxu thought on the legal principles, it includes the principle for the crimes of special subjects to reduce the penalty, the principle that remitting the penalty for the surrenders and the criminal negligence, the principle that only sentence one serious crime towards several crimes and the principle that offsetting crime by credit. Section2:The Jinxu thought on the legal systems, it includes the system of redeeming the punishment, the system of "on ask", the system of amnesty, the system of "Baogu" and the responsibility of judges. Section3:The Jinxu thought on the legal procedures, including the torture, appeal, reviewing and reporting the death penalty and dredging the prison. Section4: Supplement of other Jinxu articles of "The New Law of Tiansheng Era", including the caring policies against the ordinary poor, the weak and the prisoners.Chapter3:The reason why "The New Law of Tiansheng Era" inherited and developed the Jinxu policy of "Codes of Tang Dynasty". The purpose of this chapter is to analyze the reason behind those similarities and differences which founded in the second chapter. Section1:Influencing factors that Tangut following the tradition of Jinxu thought, such as the two dynasties having closed contact in history, a certain similarity in social structure and guiding ideology of the legislation. Section2: Influencing factors that leading to the difference of Jinxu thought between the two laws, such as the geographical environment, the degree of social development, legislative basis, the degree affected by the feudal rite, the legislative background and many other aspects. So Xixia had to make some innovation in law.Finally, the conclusion is that "The New Law of Tiansheng Era" inherited the Jinxu thought of "Codes of Tang Dynasty" which was the representative of the Central Plains law and imitated and learned mostly. But Tangut formulated national law based on the reality of themselves, adjusted some relevant articles and punished scales to varying degrees. Though it wasn’t as perfect as "Codes of Tang Dynasty", but also had its own characteristics.