Study On The Legal Provision Of "The Violence Between Hua Wai Ren" On The Tang Code

With the deepening of exchanges between China and foreign countries,the legal conflicts between them is constantly occurring.In addition,the phenomenon of the crime of foreigners in China is increasing,which has become a problem of social governance that cannot be ignored.When looking back at the long history of the development of the legal system in China,we find that the Tang code more than a thousand years ago provided relatively perfect rules on resolving the problems of conflicts between Chinese law and foreign law and the legal application of the crime of aliens.Therefore,there is important theoretical value and social significance to study the legal provision of "the violence between hua wai ren"on the Tang code.This paper takes the legislative background,content and practice of the article of"the violence between hua wai ren"on the Tang code as a clue to study.This legal provision inherited the Chinese ancient thoughts of "ruling according to nationality customs"and "the divide and treatment of the minority nationality and the Hans".It is a creative product that the lawmakers of the Tang Dynasty are able to adapt to the needs of the society and be based on the level of the Tang Dynasty's legislative level.The lawmakers in the Tang Dynasty did not have the level of understanding of creation of conflict of laws,but this legal provision can be regarded as the orient characteristic of the conflict of laws.With the wording of this legal provision and its practice,we can find that the application of the article is not limited to criminal cases,which can resolve civil conflicts too.Through the analysis of the provisions of the law and the official interpretation of the Tang Dynasty,we can divide the different types of cases involved in this legal provision into three categories:the violence between foreigners in different countries?the violence between foreigners in the same countries?the violence between Tang Dynasty people and foreigners.In order to implement the content of the law,Tang government adopted two ways to control judicial cases involving foreigners:the jurisdiction of the Tang Dynasty judiciary authorities and the jurisdiction of the autonomy agencies of the foreigners.For the cases of violence between foreigners in different countries and Cases above imprisonment shall be under the jurisdiction of the Tang Dynasty while cases of misdemeanor between foreigners in different countries shall be under the jurisdiction of the autonomy agencies of the foreigners.In order to achieve better governance effect on foreigners,the government of the Tang Dynasty also allowed the autonomy agencies of the foreigners to enforce their judgments according to their unique customs and habits under certain conditions.On the one hand,this mode effectively safeguarded the ruling order of the Tang Dynasty,and on the other hand,it also hindered the effective jurisdiction of the judiciary in the cases involving foreigners.The legal provision of "the violence between hua wai ren"on the Tang code has had on those countries which used belong to the Chinese culture circle,such as:Japan?Vietnam?Korean Peninsula.Legal provisions relating to "hua wai ren" on the Tang code was inherited and developed by the descendants of Chinese feudal dynasty lawmakers.But the lawmakers of the descendants of the Chinese feudal dynasty gradually used this legal provision to solve the conflict of interpersonal law.With the rigidity of the ruling policy and the shrinking of the exchanges between China and foreign countries,the legal provisions of the "hua wai ren"in the Ming and Qing Dynasties have also lost the self-confidence and tolerance of the Tang Dynasty.This is why contemporary China has to think hard and learn from experience and lessons.