The Study On The Legislation And The Implementation Of The Crime Of Conspiring Against The State Of Tang Dynasty

As the supremacy of the emperors is the root of feudal rule in the feudalism political system of ancient China,this kind of power,coming from either the mandate-of-heaven-theory or patriarchy,strengthens itself through revealing the power in the temporal legal system eventually.The development and organism of feudal monarchy legalization can be concluded in the research on the crime of conspiring against the state,especially in the view of Tang Dynasty,whose legal system is superior to other dynasties',as the author analyses some of the representative cases at that period.It is from the third year of Tang Gaozong(AD652)to the twenty-fifth year of Tang Xuanzong(AD737)that Lv Shu has been completely compiled.During about that nine decades,not only the system of Ten Felony and the principles of involvement came into being,but the system of the crime of conspiring against the state was founded as well.The representative cases illustrated nearly every element in the law specifically,which provided abundant evidential literary material for researching the feudal legal instrumentally.Moreover,it also demonstrated the prudent penalty of Confucianism.This thesis applies the crime of conspiring against the state to the historic research,so as to analyse and generalize the organism of the crime.The thesis consists of five chapters:Chapter one: Introduction.The author points out the background of the crime of conspiring against the state and expounds the motives and significance of researching the representative cases,as well as introducing the main methods and process of the research.,together with the importance of this research.Chapter two: Literature review of the crime of conspiring against the state.First of all,the author introduces the connotation and the research status of the crime of conspiring against the state,then the author rearranges the historic development of two institutions related to the crime.Finally,the author puts forward a discussion on the characteristics of the crime,including how the principles of involvement developed in Tang Dynasty.Chapter three: The application of the crime of conspiring against the state.The author hackles and sorts out the twenty-three representative cases about the crime of conspiring against the state in Tang Dynasty from The Collection of the Famous Cases from All Dynasties ?Volume ? according to their background.All the particulars to each case,together with the application and the general analyzing are taken into the author's consideration.By means of comparing the various tendency,the characteristics,substance,and rules are inspected inch by inch.Chapter four: The integrated assessment of the crime of conspiring against the state.The author concludes the substance and the tendency from the following three dimensions:the criminal subject,the value chased and the spirit of legislation.Chapter five: Conclusion.The author generalizes the application of the crime of conspiring against the state in Tang Dynasty abstractly,describes the development and rules,and puts forward its pattern,which are based on the materials mentioned above.