Research Of The Bloodguilt In "Tang Lv"

"Tang Lv", as the summary of ancient Chinese law system, the abundant contents of it have showed us dearest resources for the analyzing of the total Chinese law system. The great ancient Chinese culture tells that the level of published law is also the leading part of the whole world for a long time in history. Tang Dynasty is the representative of the Chinese ancient culture and the whole Chinese culture system has a great effect on both the Asia and European continents. "Tang Lv", as the foundation of the law of Tang Dynasty, not only has built the system of China in that period, but also worked as the reference of the law publishing for Japan and several Southeast Asia countries. Even for nowadays, the traditional culture and the system design inside "Tang Lv" still has a deep influence on the construction of modern Chinese law system.Bloodguilt, as the heaviest crime from the beginning of creation of human society, the social harm and the destruction for the ruling order makes the governor paid more attention to the legislation for the bloodguilt. The legislation for bloodguilt in Tang Dynasty has carried forward the elite about the related legislation from the previous dynasties and also created the new materials about this area and divide the bloodguilt into seven categories. The division of "Qi Sha" in "Tang Lv" has worked as the theoretical supplement for the related legislation for the future dynasties.There are a lot of scholars who has do a huge amount of research for the Bloodguilt in "Tang Lv" currently, but when talk about the actual influence for the related legislation in the daily in Tang Dynasty, the systemic research about this aspect is still vacant. The official history for ancient China was proved by the extremely strict official historian system and was broadly believable from all aspects, especially for the details for the situation at that time. This article has chose the dealing information for the murder cases which are detailed showed in the "Xin Tang Shu" and "Jiu Tang Shu" and compared these cases with the clause in "Tang Lv" and finally find that view of the information obtained from the the two Tang official repair history books, the Tang law related homicide legislation in the judicial practice can basically be effectively implemented.This article has contained five chapters in total:The chapter 1 is the introduction. This chapter introduced the summary of legislation about the bloodguilt in "Tang Lv" and analyzed the reason for choosing the detailed operation of related cases in history, the current situation for the analysis, the purpose of the analysis, the method of the analysis and the structure of this article.The chapter 2 is about the summary of the murder cases in both "Xin Tang Shu" and "Jiu Tang Shu". This chapter mainly introduced the situation from the "Xin Tang Shu" and "Jiu Tang Shu". And we also do several basic classifies for these cases from the two history books and do several basic comparison among these cases.The chapter 3 is about the analysis about the murder cases in "Jiu Tang Shu". This chapter mainly focused on the divided murder cases from "Jiu Tang Shu" and compared the conditional murder cases and the normal murder cases with the articles in "Tang Lv". And compare the dealing result for each of these two kinds of murder cases in total.The chapter 4 is about the analysis about the murder cases in "Xin Tang Shu". This chapter has the same analysis structures as the chapter 2.The chapter 5 is about the law and culture analysis from the two historical books that mentioned above. The content of this chapter is based on the analysis before and make the summary about the law and culture analysis according to the practical events for the murder cases in Tang Dynasty, so that we can get a more entire analysis about the executive practice about the law system from Tang Dynasty.After the detailed comparison about the murder cases from the two historical books and the relative legislation from "Tang Lv", we can conclude that:View of the information obtained from the the two Tang official repair history books, the Tang law related homicide legislation in the judicial practice can basically be effectively implemented.