On The Evolution Of The Death Penalty Legislation In The Tang And Song Ming And Qing Dynasties

Since the legislation of the death penalty in ancient China was limited to the historical conditions at that time,the substantive law and the procedural law were combined to clarify the research object of this article.This paper mainly discusses the substantive law of death penalty on the narrow level.The "Records of Tang Law","Song of the Song Dynasty","Great Law of Ming Dynasty" and "Great Qing Laws and Regulations" as representative codes in the Tang,Song,Ming,and Qing Dynasties not only had an important historical position in ancient Chinese statute law,but also had research in the present age.The significance of argumentation.The legislation of the death penalty in the Tang,Song,Ming and Qing Dynasties was studied.It began with representative laws of each dynasty and had the feasibility and uniqueness of research.Judging from the research,in the course of the development of Tang dynasty,the Ming and Qing dynasties in China,through the changes in the law,changes in the scope of legislation,and changes in the scope of application of death penalty,we can see that the death penalty legislation in the Tang,Song,Ming,and Qing Dynasties showed a tendency to be severe.The characteristics of the situation and specific changes are as follows: First,the number of crimes tends to rise;second,crimes involving death penalty tend to expand;third,the death penalty tends to increase.The evolution of the death penalty legislation has demonstrated such characteristics.Apart from the underlying causes of the development of productivity in the general environment and the reasons for the specific national conditions and cultural environment in the modern era,the author believes that the main reason lies in the direct influence of the feudal autocratic system and the traditional concept of the death penalty caused by ancient people.influences.The modern death penalty legislation can gain experience from the evolution of the death penalty legislation in the ancient times.First,it strengthened the reform of the political system.Second,it complied with the trend of the times and had a differentiated and limited reform of the death penalty legislation on the basis of its national conditions.