Study On The System Of Revenge In The Tang Dynasty

As a form of private relief, to some extent, the revenge will cause serious damage to the country, and to shake the regime of feudal rule. Therefore, the rationality of revenge has been questioned repeatedly after the state and the law emerged, but the paradox is that the feudal dynasties of the past dynasties in China did not explicitly banned revenge. At the same time, Confucianism about filial duties encourage the occurrence of acts of revenge, to some extent, which aggravated the conflict of the etiquette and law in the judgment of revenge. Although "Tang Code", representative of Chinese legal system, has not been stipulated revenge system, later thousands of years of Chinese ancient law always evolving in its frame and thought, without departing from it.This study focuses on the following three parts:The first part is the regulation of revenge and characteristics in Tang Dynasty. To analyze the legal provisions of the "revenge" of 'Tang Code" reveal that the Tang Dynasty although not expressly prohibited acts of revenge but the relevant provisions of law everywhere indicate rulers actively limit the legislative intent of the act of revenge. At the same time, the "turning courtesy into law" is different from the characteristics of the legislation of revenge in other dynasties in this period. The second part analyses the Tang Dynasty revenge cases. By combing and analyzing the identity of the vengeance, revenge object, revenge motive, judicial judgment thought and other factors in Tang Dynasty revenge cases collected from Old Tang History Book and New Tang History Book, strengthen the macro grasp of Tang Dynasty revenge's practice situation. The third part is the cause and enlightenment of Tang Dynasty revenge "etiquette and law in paralle" system. Based on the comparison on the legislation and practice of revenge of the Tang Dynasty, three main causes of Tang Dynasty revenge "etiquette and law in parallel" system are obtained, that is basic requirements of maintaining the feudal rule, external promotion of the improvement of legal consciousness and the internal influence of Confucianism on the concept of filial piety. Meanwhile point out the purpose of law in modern civilized society, is not just sanctions against illegal and criminal behavior, it is more important is to make people understand use legal weapons to safeguard the legitimate rights and interests of their own.