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On Debt Cancellation Of Amnesty In Tang Dynasty

Posted on:2015-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:D WangFull Text:PDF
GTID:2266330428498300Subject:Legal history
Abstract/Summary:PDF Full Text Request
The amnesty may originate in Shun, established in Han Dynasty, and finished in TangDynasty. The amnesty in Tang Dynasty is so called:Using the advantages of the formerDynasties, inherited by the later Dynasties. Many people would regard the amnesty inancient China as remit the criminal penalty,but, the content of the amnesty far more that.Through amnesty, Emperors forgave faults, crimes and even the folk public and privatedebts. Debt-relief content of this article in the Tang dynasty amnesty for axis, from thetang of well forgive debt provisions and the imperial edicts of well forgive debt situation,discusses the reasons of the well forgive debt happened in Tang Dynasty, and from theofficial implementation and folk response to analyze well forgive debts of execution, thelast of amnesty from positive and negative two aspects of the debt-relief content to makeobjective evaluation. The article would be divided into five parts:The first part mainly discusses the development of amnesty system before TangDynasty and the Tang Dynasty. The amnesty originally just forgive of criminal negligence,the amnesty is established in Han Dynasty, the amnesty in Tang Dynasty enters intomature period.The second part mainly discusses about clauses about debt cancellation in amnesty ofTang Dynasty, the chapter would be divided into two parts: clauses about debt cancellationin the law; clauses about debt cancellation in imperial edicts. Mostly clauses in the law arethe general regulations of amnesty and impunity rules, only a few clauses about debtcancellation in the law. Although debt cancellation appears frequently in the amnesty ofTang Dynasty, but there is a certain case. At the same time, the private debt cancellationappears occasionally in the amnesty of Tang Dynasty, and the conditions are severely.The third part mainly discusses the reasons of the debt cancellation in amnesty ofTang Dynasty. There were profound theoretical bases and historical backgrounds, such asthe ideas of consolidation of imperial power, interaction between heaven and people,booming Taoism and Buddhism and the prevailing usury among the folks.The fourth part mainly discusses practice of the debt cancellation in amnesty of Tang Dynasty. From situations about the execution of government and the enforcement of thesociety, the execution of government is efficiency in the early time, but in the middle-latehas not been effectively. However, the remission of private lending would undoubtedlyharm the interests of creditors, which led to the formulation of clauses on unpardoneddebts despite amnesty for excluding political interference.The fifth part mainly discusses evaluation of the debt cancellation in amnesty of TangDynasty. Discussing the advantages and disadvantages of debt cancellation in amnestyfrom the positive and negative two aspects. On the one hand, debt cancellation in amnestywould o revive the imperial power, ease social contradictions, and promote economicdevelopment. On the other hand there are also damage the legal system, the impact ofnational tax, interfere with the disadvantages of folk financing channels.
Keywords/Search Tags:amnesty, debt cancellation, clauses on unpardoned debts despiteamnesty
PDF Full Text Request
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