Research On The Legal System Of Ji-Shi In Tang Dynasty

Tang Dynasty is an age with a quite complete legal system in Chinese feudal society.The idea of assigning young people to care for the elderly became a perfect legal system formally in Tang Dynasty.Through the analysis of related materials,this article from the overall study of the contents of the legal system of Ji-Shi in Tang Dynasty and further analysis of the positive impact of the legal system of Ji-Shi in Tang Dynasty and the reasons for the demise.This paper also analyzes the inspiration of the current social pension system.This article introduces the legal system from four aspects:the subjects of the legal system,the rights of Shi-Laos and the rights of Shi-Dings and the duties of Shi-Dings,the procedure of Ji-Shi and the judicial guarantee of Ji-Shi.The subjects of the law of Ji-Shi in Tang Dynasty to paternity,including Shi-Lao and Shi-Ding.Due to the complexity of the social class,the status of Shi-Lao and Shi-Ding is also very complex.According to division of the law in Tang Dynasty about the social class,Shi-Laos mainly included old officers,the old civilian and the old people of a lower social status than common people.The old officials have more legal privileges,included economic treatment and political treatment and so onAccording to the relative between Shi-Lao and Shi-Ding,Shi-Ding is divided into two types:a person who has a kinship relationship and a person who has no kinship.A person who has a kinship relationship included offspring and the adopted son.Offspring included lineal relative by blood and Qi-Qin,the relatives of very close relatives.The emergence of the unrelated service was an important symbol of the law of Ji-Shi in Tang Dynasty.The law of Ji-Shi in Tang Dynasty is equal and comprehensive.There are many laws in Tang Dynasty who favored the elderly.There is a certain ritual for the preferential treatment of the elderly.Shi-Laos were very old,and they can be applied the provisions of many preferential treatment for Shi-Laos.The main contents of the law of Ji-Shi in Tang Dynasty incloud three aspects:the rights of Shi-Laos,the rights of Shi-Dings,and the duties of Shi-Dings.The rights of Shi-Laos are tax-free,grant office,criminal law relief Shi-Dings have the rights to have immunization,gifted to the filial holidays.One of the outstanding Shi-Dings have the rights of priority in politics.The state encourages and commends Shi-Dings with filial piety,gived gifts and honorary rewards.The duties of Shi-Dings include supplied Shi-Laos with food and clothing,looked after Shi-Laos by living together and cared for Shi-Laos with smile.There are two aspects of the procedure of Ji-Shi:the specific procedures of Ji-Shi and the method of choosing services.The specific procedures of Ji-Shi such as Tuan-Mao,Qing-Shi,LiZhengShangKuan and XianSiXiaFu is inclouded.The law of Tang Dynasty explicitly stipulated the number of Shi-Dings and the selecting sequences of Shi-Dings.A certain nunmber of Shi-Dings are allocated according to the age of Shi-Laos.Shi-Laos choose their children as Shi-Dings firstly.And then they select the Shi-Dings among the nearest relatives of ShiLaos.The judicial guarantee to the Ji-Shi include the E-Ni crime and the unfilial crime in the national law,offspring violates family terms and the system of CunLiuYangQin.These systems guarantee the life of Shi-Laos.The system of CunLiuYangQin guarantees not only the legal rights of Shi-Laos,but also the basic rights of Shi-Dings who have the identity of the offender.The legal system of Ji-Shi in Tang Dynasty was the embodiment of Confucian thought of respecting the old,and It also demonstrates positive legal interference with family welfare.It also has some limitations.According to the situation of social providing old-age,the paper tries to offer good advices of provision for the aged in China.