Study On Larceny In Middle Tang To Yuan Dynasty

This paper takes the change of the crime of larceny from the middle Tang dynasty to the Yuan dynasty as the research object.There was no change in the spirit of dealing with the crime of stealing from relatives and royal articles from the middle Tang dynasty to the Yuan dynasty both legislatively and judicially.They bote in order to maintain the imperial power order and family order as the essence and the Confucian spirit comes down in one continuous line which is the central Tang to Yuan dynasty larceny encountered changes in the same part.From the perspective of legislation,the punishment of larceny in the Mid-Tang and Yuan dynasties presented undulating changes.The concrete manifestation is the highest punishment in the Tang dynasty rises from the extermination to the death penalty,which is continued in the Song dynasty.And from Song to Yuan,the punishment for larceny was reduced from death penalty to capital punishment.However,the judicature practice of larceny is different from the legislation regulation from the middle Tang dynasty to the Yuan dynasty.For example,in tang dynasty,the conversion of stolen goods value was not calculated according to the conversion method prescribed by law,but according to the importance of stolen goods.Another example is that the yuan law stipulates that the monk should be punished without tattooing in the crime of larceny,but it is executed in judicial practice.This reflects the special protection of religious order and nomadism based economic order in the Yuan dynasty,which is the biggest change in the means of dealing with larceny from the Tang and Song dynasties to the Yuan dynasty.Compared with the Tang and Song dynasties,the Yuan dynasty presented the unique characteristics of the grassland empire in terms of larceny.If the animal is stolen,the punishment will vary according to its importance.This paper is divided into two parts:introduction and text.In the introduction,the research object-the crime of theft is firstly proposed,and the importance of the crime of theft in the ancient legislation is elaborated.At the same time,the particularity of the period from Mid-Tang to Yuan dynasty the is explained.The frist part is about legislation on theft crime from Mid-Tang to Yuan dynasty.Second part is the summary of the research status quo.This paper from the macro perspective as well as the micro perspective of the classification and simple evaluation of the views of scholars.The last part is about the meaning of larceny and the concept of larceny are explained.The text is divided into three parts.The first part is legislation on larceny from the middle Tang dynasty to the Yuan dynasty.Based on the background of The Times,this part makes a detailed analysis of the changes in the legislative content of larceny from the middle Tang dynasty to the Yuan dynasty.This part mainly includes the changes of penalty and the sentencing.The second part is constitutive elements of crime larceny from middle Tang dynasty to Yuan dynasty.This part explains the constitution of the crime of theft from three aspects:the crime subject's identity,crime object's criminal and behavior.The last part is judicial practice of larceny from the middle Tang dynasty to the Yuan dynasty.This part mainly analyzes the inconsistency between the crime of theft in judicial practice and legislation from the aspect of criminal identity.At the same time,this part explains the application of the crime of theft in analogy.