Theory Of The “Penalty-Ransom” In “Tang Lv”

“Tang Lv” is very rich in the Chinese legal system, as a master of ancient law, the valuable it is obvious. Its splendid ancient civilization in China, and has long been at the world’s highest levels of its legislation. The tang dynasty is the peak of the ancient Chinese civilization, the Chinese civilization influence throughout the Eurasian continent. Tang hinterland of the legislation is not only to traffic huanghe river as datang empire, its influence across, to Japan and southeast Asia and other countries’ legislation reference. Today, the connotation of legal culture in tang and system design is still deeply affects the contemporary Chinese legal construction.“Redemption punishment” in ancient Chinese criminal law system namely for a particular crime subject or a specific crime, without family’s punishment to property as the penalty system. “The redemption punishment” as the name implies is to use property to offset the penalty. As early as the xia dynasty founded the “redemption punishment” system, after more than one thousand five hundred years, in the eastern han dynasty became a kind of system. Again after nearly six hundred years, to the tang dynasty “redemption punishment” a little perfect this system, each in every generation inheritance after the tang dynasty used by the system. Until the late qing dynasty, “the redemption punishment” system only when change the law to be cancelled. “Redemption punishment” system in the penal system in ancient China is an important part of, and a very far-reaching impact. This influence to our country current law to deal with minor crime has some reference significance. “Redemption punishment” system itself has serious drawbacks, and it is inevitable, but for the period of the tang dynasty in China, with reference to the history, “the redemption punishment” system there are some positive aspects, itself has a special value, the use of good can also has a special charm. Ancient legal culture is an important part of Chinese traditional culture, embodies the Chinese nation’s attitude to the law, the spirit of the law in the social life of the degree can also be spread through legal culture. Analyze the legal culture is the prerequisite of absorption and reference to traditional legal essence.The current analysis for “redemption punishment” system, numerous scholars have made quite a few studies. But what on earth are “redemption punishment” system of tang which aspects can play a role in the present judicial practice life? This problem has not been a systematic study. This article will be the official of related materials and carry on the omni-directional sorting and analyzing the specific provisions of the law, in order to make up for the inadequacy of tang related field. The full text is divided into four chapters. The first chapter. This chapter introduced the selected topic reason, point out the research and tang “redemption punishment” system, and then through the introduction of the research status from the side confirm the necessity of the study “redemption punishment” system, finally indicated in this paper, research methods, and the structure and innovation.The second chapter, “the redemption punishment”. From the qing dynasty before the “redemption punishment” system into the law of the qin and han dynasties, the “redemption punishment” system to look for and find the development of the system of “redemption punishment”origin. The third chapter, “the redemption punishment” in tang. Illustrate the definition of “redemption punishment” system in tang, and show “redemption punishment” in the tang system of principles and specific provisions shall apply.The fourth chapter, the tang dynasty “redemption punishment” in judicial practice. This chapter of the content for the literature handed down from ancient times and unearthed literature about “redemption punishment” system statistics and analysis of the case, in order to through the above analysis of the tang dynasty “redemption punishment” obtains a more comprehensive understanding.Through to the tang dynasty “redemption punishment” content integrity and concreteness of induction, summary, can be found in the tang “redemption punishment” has its independent principles and specific provisions shall be applicable. On the basis of this understanding to its strengths and weaknesses, found that “the redemption punishment” system to promote the present judicial practice life.