Research Of The "Zuo Zang" In "Tang Lv

Since the crime of embezzlement which developed step by step was first named in Xia Dynasty, there were the records of the "zuo zang" meaning the crime of embezzlement between Qin and Han Dynasty. After dynasties, the Confucian and the Legalist have been integrated very well, and the five forms of feudalistic punishments in ancient China have finally set up. With the flourishing age of Tang Dynasty, Tang Dynasty laws have been the highest achievement of the Chinese law system, while "zuo zang" has been a single crime ever since.The "six crimes of embezzlement" system was regard as the summary in the legislation for the crime of embezzlement, which was firstly formed in Tang Dynasty. The "zuo zang" started to have its own component features, and its own rules of the measurement of penalty, together with the condemnation principles. But people rarely refer to study its theories and trim its clauses of the crime, so the study of this crime is still fewer. It is important to trim and epitomize the cases and clauses of the "zuo zang" crime in historical materials. Combine the theory of the modern penal code for analysis its composition and features which can smooth the research deficiency very well. By contrasting with the clauses of the positive penal cord, one side we could find the good lesson from the theory, and another side we could reveal its theory much better.This paper is divided into five chapters.The first chapter:introduction. This chapter details the reason of studying "zuo zang" in Tang Dynasty laws, and by the current situation of study to confirm the necessary studying. And at the same time, it details the research thoughts and methods, the structure and the innovation of the paper.The second chapter:definition and component features. The key to analyze the composition of "zuo zang" is referring to the modern penal code. And then search the definition of "zuo zang" by retrospect and textual criticism.The third chapter:detail of crime and penalty, principle of punishment. Revealing the distribution of "zuo zang" and the rule, principle, by thorough summarize and induction its clauses. The fourth chapter:judicial practice. The paper makes a comparison between the different condemnations and its reasons of legislation and judicature, by counting up and analysing the cases of "zuo zang" in historical materials.The fifth chapter:comparison between "zuo zang" and positive laws. The paper makes a comparison between "zuo zang" and positive laws, and a comment relate to the parts of others briefly at the same time.We can find the peculiar condemnation principles, and the rules of the measurement of penalty, and the purpose of legislation, by thorough summarize and induction the clauses of "zuo zang", meanwhile contrasting with the clauses of the positive penal cord and other rules. The "zuo zang" has the different features, and it also has an all-round complement affect for the lack of the other crimes of embezzlement. The judicial practice showed that the "zuo zang" also worked in a wide sense with its complement affect.