Study On The Responsibility System Of Judicial Officials In Tang Dynasty

The Tang Dynasty is the prosperous period of China’s feudal society,and its political,economic and cultural development has made a high achievement. In response to it, the Tang Dynasty also formed a more complete and mature legal system. Tang is a representative of Chinese law. The Tang Dynasty law is epitomized by Qin Han Wei Jin,and create a precedent for the development of the law of the Ming and Qing dynasties.The records of the Tang Dynasty in the relevant legal thoughts, legal culture and legal system for our current Chinese socialist construction of rule of law still has very important reference value. Throughout the history of the development of the legal system in ancient China, the official judicial responsibility system as a basic judicial system has been produced and developed in ancient China. Until the Tang Dynasty, the official judicial responsibility system has been an unprecedented development and improvement. As one of the important systems to maintain the lawsuit in the Tang Dynasty, the official judicial responsibility system is elaborated in detail by the Tang Dynasty law. The Tang Dynasty judicial officials responsibility system is complete,detailed, structured and unified form. It became the blueprint of the official judicial responsibility system after the Tang Dynasty and had important reference significance to modeen society.Firstly, this paper introduces the general theory of the liability system of judicial officials, including the basic meaning, the historical origin, the establishment and development of the liability system of judicial officials in Tang Dynasty. We can see the macro basic development from the Xia Dynasty to the Tang Dynasty in the period of ancient China’s judicial officials responsibility system. Secondly, the basic content of the Tang Dynasty judicial officials responsibility system are summarized. From the acceptance of the case, the illegal torture, the illegal trial and illegal execution aspects,through the comparison of different dynasties of the content, we see the difference between each dynasty judicial officials responsibility system,so as to lay the foundation for summing up the characteristics of the Tang Dynasty judicial officials responsibility system. Again, based on the basic content of the Tang Dynasty judicial officials responsibility system, this paper analyzes the characteristics of the Tang Dynasty judicial officials responsibility system, including two aspects of legislative features and implementation features. The characteristics of its legislation are more systematic and unified in form, more specific and explicit in content, more humanized and rational in the overall design. Its implementation is characterized by the penalty based. Its identification of liability is joint and several liability ,taking effective supervision measures. The last part of this paper focuses on the implications of the Tang Dynasty judicial officials responsibility system for China’s current reform of the liability system of judge. We should improve the judge’s law, including its relevant provisions and unify the recognized standards of judge responsibility. We should ensure judicial independence and define the limits of judge’s responsibility. We should establish a multi-level accountability system and build a diversified external oversight mechanisms. At the same time, we should improve the judge’s professional security system, increase the personal security of judges, and enhance the material and non-material security of judges.