The Study On Legal System Of Foreigners In The Tang Dynasty

The legal term "alienating foreigners to commit crimes" first appeared in Tang Law Shuyi,which originated from the thought of "governing by custom" in ancient China.In Tang Dynasty,the society was stable,the economy was prosperous,the country was strong and the policy was enlightened.A large number of foreigners entered the territory of Tang Dynasty to do business,study and travel.Tang inherited the ideas of previous dynasties and combined with its own situation,formed a series of laws and regulations related to aliens in order to protect the rights of aliens in Tang Dynasty and regulate their behavior.This article defines the internalization and externalization of the Tang Dynasty through the analysis of historical documents,and investigates the policies and systems concerning the externalization of foreigners in the history,then clarifies the concept of the externalization of foreigners,and defines its scope,including foreign monarchs and citizens such as Tibetan businessmen,envoys to the Tang Dynasty,foreign students and so on.The Tang government dealt with the legal problems of foreigners in the form of norms.In Tang Dynasty,the laws,decrees,forms and forms all involved the regulations of foreigners in the form of norms.At the same time,there are administrative organs in charge of foreigners,such as Honglu Temple,Host and Visitor Department,local prefectures and the autonomous organization of foreigners-Fanfang.To clarify the responsibilities of various jurisdictions and standardize the behavior of outsiders in the territory of Tang Dynasty.In order to enable foreigners to survive and develop better in Tang Dynasty,the Tang government gave them the rights they should have,and accordingly required them to undertake certain obligations.For cases involving aliens,the Tang government determined the applicable principle according to the "aliens committing crimes" clause in the Tang Law Shuyi,that is,the same kind of aliens committing crimes according to the local law and the different kinds of aliens committing crimes according to the Tang Law theory.The local prefecture is the front organ for the acceptance of alien cases,and the Honglu Temple is the superior organ,which is responsible for the examination and verification of the alien cases heard by the local prefecture.In addition,the emperor also interrogated and tried foreign-related cases with greater impact,either in the consideration of fairness and justice in the trial,or in the consideration of political reasons.In Tang Dynasty,the judiciary respected the language and customs of foreigners,and set up translators-translators in the lawsuit.They adapted the execution methods of foreigners in the execution.As an excellent part of ancient law,the legal system of foreigners in Tang Dynasty was inherited and developed by later dynasties,and had a far-reaching impact on the surrounding countries and regions of Tang Dynasty.For example,Japan has set up foreign-related institutions such as Dazai Prefecture and Tang Goods Exchange,which imitate Tang Honglu Temple and Shibo Ambassadors,and has also formulated foreign-related laws and decrees such as Dabao Decree in accordance with Tang Decrees.In today's world,with frequent international exchanges and the increasing number of foreigners entering the country,foreign-related disputes are inevitable.Proper handling of foreign-related frictions and conflicts is of vital importance to the healthy development of society.The legal system of foreigners in Tang Dynasty,as an excellent legal culture in ancient times,contains the spirit and concept of legal system,which has important practical significance in solving foreign-related disputes and formulating foreign-related legal norms.