The Research Of Torture System In Tang Dynasty

Torture system originated in zhou dynasty, and after the evolution of several dynasties, it has larger development in Tang dynasty. Torture system in Tang dynasty epitomized the system in ancient feudal society. The dynasties after Tang dynasty are also design the torture system based on Tang’s. Thus the system of torture in Tang dynasty is the best sample to study ancient torture system. On one hand the lawmaker of Tang dynasty gave it the legal position and used it as the necessary mean to hear the case. On the other hand, the lawmaker limited it strictly to prevent illegal torture. Since torture has the function of combating crime, it has very positive function in maintaining the steadiness of state power and realizing judicial adjudication. However, torture is very violent. If the Judiciary torture criminals unscrupulously, it is very easy to result in unjust cases.Torture system had existed for thousands of years. It had rooted in china juridical practice. Although torture system was abolished in the early republic period, torture is still existing nowadays. Facing the repeated torture, china government is looking for the ways and means of governance. On the way of containing forced confessions, on one hand, we have to keep the pace with the times, update our judicial idea and use advanced technology. On the other hand, we have to back to history to find the source, and through the study of china ancient torture system, we can get some useful enlightenment for containing torture.In this paper, I review the development of torture system before Tang dynasty. Then I study the content of torture system in Tang dynasty by explaining the legislation in Tang dynasty, combine the historical background and juridical practice to make a valuation of it. This paper has five parts:The first part, is introduction. It introduces the concept of torture system, and the development of china ancient torture system. It also reviews relative study of torture system in Tang dynasty and put forward the research approach of method of this paper.The second part, explores the source of torture system in Tang dynasty including historical source and law source. On one hand, the lawmaker of Tang dynasty discard the dross and select the essential. One the other hand, they combine the practice and made some innovations. The content of Torture system in Tang dynasty reflects in the laws and decrees including criminal and administration laws and decrees.The third part, study the specific contents of the torture system in Tang dynasty.First of all, introduce the entities including condition, subjects, objects,and methods of torture. Tang’s law of specific legal provisions this section, introduce general provisions and special provisions. Then describe interrogation procedures for the application of the torture system in Tang dynasty, including prepositive procedure, postpositive procedure, the procedure of appeal. The system under the torture aspect in turn linked, prompting torture system run according to law, as well as investigate the illegal torture of judges’ legal responsibility to provide clues that can be found.The fourth part, historical evaluation of torture system in Tang dynasty, including the evaluation of positive and negative evaluation. Torture system in Tang dynasty play an important role in maintaining the feudal ruling order, fighting crime, preventing illegal torture. But torture system also has the bad effects on judicature, politics and society.The fifth part, summarizing the conclusion of this paper, and extracted from a study on the beneficial enlightenment to curb torture and provide insights for the construction of the rule of law in China.