Theory Of Revenge In The Tang Dynasty Conflict Between Li And Law In The Case

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.Revenge this phenomenon as a human society since there is a crime, the social harmfulness and destructive of ruling order, the rulers of all dynasties conduct their rein is quite seriously. But in the tang dynasty, as a set of feudal code of "Tang Lv" for revenge problem should never mentions, this to revenge the judicial practice of case study in the tang dynasty has brought great difficulties."Tang Lv" as the feudal code of manners fusion masterpiece, its means of revenge for cases of crimes, collected a result, it is very worth exploring.The current analysis for revenge behavior in the tang dynasty, many scholars have made quite a few studies.But what exactly at the time of the tang how real life cases collected a revenge? This problem has not been a systematic study. This paper will integrate the revenge treatment to the case in the tang dynasty, compared with specific clauses and tang, in hopes to fill the holes in research. This article has contained five chapters in total:This article has contained three chapters in total:The first chapter, introduction. This chapter introduces the cause of the selected topic, research status, research methods.The second chapter, the tang dynasty all cases and analysis of revenge. Revenge cases can be divided into completely broken cases, not fully in accordance with the law in accordance with the broken cases and not in accordance with the law in fault case is analyzed, and compared on the basis of this. The tang dynasty reached the broken attitude and the method of case for revenge.The third chapter, the tang dynasty revenge cases the cause of the legal conflict. Analyzed the basis of revenge behavior "as" in tang dynasty, tang dynasty balance of revenge and punishment law.By revenge case processing situation in tang dynasty and tang relevant legislative provisions of the detailed comparison, we may safely draw the conclusion: the tang dynasty did not make clear a regulation, of revenge but between the lines of related law all reveal the tendency of revenge, in principle, can be in accordance with the provisions of the law.