The Legal Writing Of Ideology And System-study On The Economic Verdict Of Tang Dynasty

The verdict, also known as sentence, is the judgment and evaluation for the right or wrong of the case according to the law. Economic verdict is a kind of verdict in the verdict system and occupies an important position in the system. In this thesis,the author will take the economic verdict of Tang Dynasty as the research object to discuss the economic system of Tang Dynasty. Although the data that the thesis has used are mostly draft judgment, their historical value can not be ignored, from which we can see the general situation of the economic system of Tang Dynasty.In this thesis, the author takes the existing economic verdict of Tang Dynasty as the breakthrough point and combines with relevant codes of Tang Dynasty to discuss the economic system of Tang Dynasty and legal theory of Tang Dynasty. The author will discuss mainly from the following five aspects:In the first part, the author summarizes verdict of Tang Dynasty and defines the concept of the economic verdict of Tang Dynasty; Also, the author highlights the important position of the economic verdict in the verdict of Tang Dynasty through the study of the status of the economic verdict of Tang Dynasty and discusses the value of the verdict of Tang dynasty. There are many economic verdict of Tang Dynasty coming from real life. Not only do the economic verdicts have high historical value, but also they have significance for the judicial practice.In the second part,the author discusses the land system of Tang Dynasty combining with the economic verdict of Tang Dynasty from the following two aspects : the basic content and the legal guarantee of the land system. Tang Dynasty inherited and developed the land system Emperor Xiaowen implemented. The government allocated land to people and gave people the right of using the land. In order to effectively guaranteed the implementation of the land system of Tang Dynasty, the government made laws to punish people who encroached public and private fields, including punishment of encroaching excessive field, prohibition of farming public and private fields secretly, prohibition of officials to encroach private land, investigation the guilt of officials in barren land area and so on.In the third part, the author discusses the household registration system of Tang Dynasty combining with the economic verdict of Tang Dynasty, mainly from two aspects, namely the requirements of accounting registration and provisions of migration. Given the importance of the account, Tang Dynasty punished local officials for making mistakes when they made the census. Also, Tang Dynasty punished people who avoided taxes and corvee. Meanwhile, in order to ensure the smooth progress of levying taxes and corvee, Tang Dynasty implemented strict household registration system, and restricted freedom of moving accounts.In the fourth part, the author studies the system of taxes and corvee of Tang Dynasty combining with the economic verdict of Tang Dynasty from the following five aspects : the content of taxes and corvee of Tang Dynasty, levying violations, supervising farming to ensure the taxes and corvee, punishing escape from taxes and corvee and exempting taxes and corvee. There were a number of special tax situations in the special social background of Tang Dynasty. Because taxes and corvee is related to the interests of the people, Tang Dynasty made relevant laws and punished local officials for their levying taxes and corvee illegally. In addition, in order to ensure the tax revenues of the feudal state, the government always Supervised farming to ensure the levying of taxes and corvee. Besides, the government would punish illegal behaviors which had negative influence on the levying of taxes and corvee. In addition, the government would remiss taxes and corvee in some special cases such as famine discount rents.In the fifth part, the author discusses basis of settling lawsuits from the following two aspects: the codified law and the reasonable law. The codified law plays a major role in ruling criminal cases, and the reasonable law will play a major role in ruling civil cases such as finding households, marriage, land and so on.The judge always judges multiply, which compensates for loopholes in legislation to a certain extent, so that the judicial practice of Tang Dynasty shows a good condition.Through the study of the economic system of Tang Dynasty combining with the economic verdict of Tang Dynasty, which contributes to the understanding of the economic system and legal theory of Tang Dynasty, and has certain enlightenment and significance to contemporary economic construction and legal construction in China.