A Study On The Defense System Of Tang

In the moment of advocating the rule of law,the legitimate defense system highlights the blow,deter criminal activities,protect the legitimate rights and interests of the people,motivate people to fight against the role of crime,increasingly significant significance.In practice,more and more people recognize the importance of legitimate defense,and consciously cite the legitimate defense system to protect themselves and others legitimate rights and interests.In fact,China's legitimate defense system can not only be traced back to the ancient slave society,but also in the long years of continuous absorption of advanced experience and perfect development.To the Tang Dynasty,legitimate defense system to a new height,not only rich in content,constitute a tight,and the scope of application to expand the feudal legal system of the flash.This paper analyzes the main contents,characteristics and causes,value,function and influence of Tang law 's legitimate defense by using historical analysis method,comparative analysis method,logical analysis method and semantic analysis method based on Tang' s legal defense system.The article mainly from the following aspects to elaborate:The first part introduces the present situation of the judicial practice of just defense and the expectation of studying the legal system of the Tang law.It summarizes the research status of the predecessors' scholars on the legal system of the Tang law,and introduces the path and the structure of the research.The second part of the basic content of legitimate defense,summed up the concept of legitimate defense,analysis of the elements of legitimate defense,to introduce the historical process of legitimate defense system.In the third part,the main contents of the legal system of the Tang law,combined with the historical cases,from the legitimate conditions of the defense,time conditions,object conditions,limits and subjective conditions to be limited analysis,summed up the regulation of the five legitimate defense situation,One of the brawl in one side of the blade and animal damage damage to the legitimate defense situation,according to the criminal law theory and the depth of the law mining from the context.In the fourth part,the characteristics and causes of the legal system of the law of the Tang Dynasty are analyzed from the structural relations,the defense subject,the object and the limit of the law in the Tang law,and the value of the legitimate defense to analyze the characteristics of the legitimate defense,from the defense instinct,revenge behavior An Analysis of the Causes of Tang 's Legitimate Defense System.In the fifth part,the value,function and influence of the legal system of Tang law are analyzed,and the role of Tang law right defense against it is analyzed from order,justice and efficiency level.The function of Tang law right defense is analyzed from the aspects of negation,protection,supplement and encouragement,Analyzes the influence of the later dynasty on the inheritance and development of the Tang law right defense.The sixth part concludes that the overall evaluation and research of Tang law proper defense are insufficient.