A Study On The Legislation Of Punishing Duty Crime In Tang Law

Tang dynasty,as the dynasty of the feudal society in China,has carried on a lot of exploration and practice to the effective management of the officials,formed a series of rich and strict system of prevention and punishment,and it is very important for the later dynasties and today.Good reference.This article intends to elaborate and analyze the legislation of duty crime in Tang Dynasty 's "Law of the Tang Dynasty",and provide some reference and reference for the perfection of the present duty crime legislation.The first part is the historical origin of the legislation of official duty crime in Tang law.The first is to explain what kind of behavior belongs to the crime of duty;secondly,the type of crime is analyzed and summarized,divided into corruption-type duty crime,dereliction of duty and violation of the rights of others crimes;the third shows the historical development of duty crime,Punishing officials in the performance of their duties in the process of crime has existed since ancient times;the fourth pointed out the historical origins of duty crime in the Tang Dynasty.The second part is the content design of "Tang law"."Tang law" on the official duties of criminal provisions are more comprehensive,involving administrative management,economic management,judicial trial,military management and other fields,and official duties of the crime of a number of principles,in specific charges also set very detailed.The third part is the social basis of "Tang law" to punish the legislation of official duty crime.The first is the need for political control,the ruler will be the overall interests of the country and its requirements combined and maximize the benefits.The second is the impact of economic factors,the ruling class in the Tang Dynasty to know,to maintain social and economic prosperity and fairness of the feudal autocratic system is the fundamental guarantee.The third is the infiltration of cultural factors,mainly people-oriented thinking,rule of virtue,filial piety and diligent thinking.The fourth part is the contemporary thought of "Tang law" to punish the punishment of official duty crime."Tang law" as a model of China's feudal society law,in drawing lessons from previous experience and a large number of judicial practice in the process of prevention of duty crime to form a system of complete legislation and severe penalties,through its Research,for our country today to punish the prevention of duty crime work to provide some of the available experience for the improvement of our legislation to contribute.