An Analysis Of Military Judicial In The Middle And Late Tang Dynasty And Five Generations Dynasties

The The most prominent feature of the judicial system in the period of the Five Dynasties of the middle and late Tang Dynasty was the military prison.The military judiciary,composed of soldiers,controlled and dominated the judicial power,which had a great and direct influence on the state of the legal system in this period.By studying the main prison of soldiers,we can better reveal the appearance of the rule of law in the middle,late Tang and Five Dynasties.The legal status of the Five Dynasties in the middle and late Tang Dynasty was far from that of the early Tang Dynasty,among which the military judiciary established by the central and the local authorities seized the power of the normal judicial organs dominated by civil servants.The military judicial organs of the central government,which belong to the forbidden army or the pro army,or the military judicial organs of the local government and the government of the government,have been obtained by depriving and weakening the original power of the normal state judicial organs.Their judicial power is very extensive in the actual operation,including the trial and jurisdiction of cases related to the military,but also major criminal offences such as rebellion and inversion,and even civil disputes within their actual jurisdiction.Such a judicial power distribution completely dismembered the complete legal system and orderly judicial system in the early Tang Dynasty.There are many reasons for the formation of the main prison for soldiers.It's basically a great change of the national economic foundation and social structure after the Anshi rebellion.In order to cope with the current situation,the rulers abandoned the legislation thought that they advocated the punishment and striving for simplicity in the early Tang Dynasty,instead of strengthening the supreme rule by strict punishment.The viciousexpansion of the military group's forces after the Tianbao army's rise has also become a subjective reason for the soldiers to take charge of the prison sentence.As for the law itself,the origin of the Chinese law system from the origin of the soldiers has become an important historical basis.The law family of the Chinese law system did not develop the developed jurisprudential thought represented by ancient Greece and Rome,and did not pay attention to the science of law as a scientific research on justice and freedom,but it was also an important reason for the rulers to maintain order.The law experts only pay attention to the annotation and application of the legal provisions,but do not go deep into the essence of the law.Chinese ancient society not only failed to apply the law as the supreme rule,but thought that law is the last resort.The scholar officials,who were proficient in Confucianism and rather disdain to learn the decrees,believed that this was the work of a sword-writer,which provided an important social basis for military personnel who were not high in social status.The Five Dynasties of the middle and late Tang Dynasty had become a very dark period in the history of the legal system of China,and the phenomenon of replacing the ordinary law with the military law and replacing the five sentences with torture was found under the prison of the army.The hasty decisions,disregard for human life,judicial corruption and other issues is causing great harm to the people and the country.The military prison was eliminated in the judicial reform in the early Song Dynasty,but in the history of the Chinese legal system,the war was still reissued in the state of war.Therefore,the study of the military prison was of great value to us.