Examining The Legal Culture Of Tang Dynasty From The Case Of Yu Xuanji Killing Maidservant

Yu Xuanji is a well-known poetess of the Tang Dynasty.In her short and tortuous life,she left her talented poems for people to appreciate and study.At the same time,she also left a controversial case.In the Tang Dynasty with strict status and hierarchy,he was executed for killing "maidservant" Lvqiao.Such a judgment is obviously contrary to the laws of the Tang Dynasty.This article tries to find out the truth of Yu Xuanji's death through the analysis of Tang Dynasty's legal culture.Many predecessors lamented the loss of life and the premature death of talented women,but there was no comprehensive legal analysis of the case of killing maidservants by yuxuanji.Firstly,this paper combs the case of Yuxuanji killing maidservants with Yuxuanji.On this basis,it analyses the case from three perspectives of civil,criminal and litigation,and understands the legal culture of Tang Dynasty when the case happened.In the examination of civil legal culture,the legal identity of Yu Xuanji and Lv Qiao is defined.Yu Xuanji is ordinary people before entering Tao and becomes a Taoist priest beyond the world after entering Tao.It has new legal relationship and legal status.Through the analysis of the records in <Sanshui Xiaodi>,this paper puts forward a new view on the possibility of the legal identity of Lvqiao.Lvqiao may be ordinary people for Taoist children,or a maidservant of Yu Xuanji as defined by predecessors.These two legal identities correspond to two distinct legal relations and legal status in the Tang Dynasty under the etiquette and law society.The change of Lv Qiao's legal identity plays a decisive role in the study of the truth of the case of Yuxuanji killing maidservants.In the analysis of marriage system in Tang Dynasty,taking Yu Xuanji's marriage and divorce as clues,this paper explains concubinage system and jealous women in combination with Tang law.The life tragedy of Yu Xuanji's marriage and identity is presented from the perspective of legal culture.In the examination of criminal legal culture,first of all,the legal nature of Yuxuanji's slaughter of maidservants is analyzed in combination with the Six Kills of Tang Law.Yuxuanji's slaughter of maidservants should be negligent or murder,which can be classified into the following five situations: Yuxuanji's killing of children,Yuxuanji's killing of slaves,Yuxuanji's killing of slaves of private slaves,Yuxuanji's negligent killing of good men and Yuxuanji's negligent killing of slaves.In this way,we can get the "legal truth" of the case of killing maidservants by yuxuanji.Examining the legal culture of litigation,we will launch the litigation process of Yuxuanji case one by one,and the jurisdiction systems related to the killing of maidservants by Yuxuanji,such as trial level,special jurisdiction,three jurisdictions,as well as the prosecution,trial,judgment,review and death penalty repetition of Yuxuanji case.The deviation between law and practice in the trial procedure of Yuxuanji slaughter of maidservants reflects the legal reality of the late Tang Dynasty in the society of etiquette and law.Perfect laws can not be practiced and practiced,and ultimately become the dominant tool of the rulers.The independence and authority of the law disappear.Research methods include combining literary works with legal research,combining the research results of legal history with legal reference,ensuring the literariness and practicality of the research results in this paper,collecting a large number of materials related to Yu Xuanji,analyzing Yu Xuanji's case of killing maidservants by human and Yu Xuanji,and the practical effect of law in the late Tang Dynasty,combining her poems and life experiences,and analyzing Yu Xuanji's case of killing maidservants by human and Yu Xuanji.The deviation between aircraft death and legal provisions and the reasons for the deviation are not covered by previous studies or have not been studied in depth.