A Study On The System Of Negligence Crime Of Tang Law Shu Yi

This paper turns the research perspective to ancient China and analyzes the system of negligent crime in the book of Tang law Shu Yi.It sums up its crime and punishment,analyzes its characteristics,and digs deeply into the feudal legal thought of Tang Dynasty hidden behind the system of negligent crime.First,introduction,from the current domestic scholars on the Tang Dynasty negligent crime works,elaborated the significance of this study.Secondly,the main point of the paper.The first chapter,the development of the system of negligent crime,from the general negligence of Yao、Shun and Yu to the systematic legal system of negligent crime in Tang law Shu Yi,the system of negligent crime has experienced a long development process.The core of this chapter is the negligent crime in Tang law Shu Yi,which focuses on four important negligent crimes."Guo Shi" refers to the negligent crime of killing people;"Shi" refers to the negligent crime of officials;"Wu" refers to the negligent crime of officials or civilians due to their bad behavior;"Wang Shi" refers to the negligent crime of losing goods.The second chapter is on the basis of four types of negligent crime,to further clarify their respective criminal responsibilities.Combining the first and second chapters,we can grasp the crime and punishment of the negligent crime system in the Tang law Shu Yi.The third chapter summarizes the characteristics of negligent crime in form,content and substance,and then further discusses the criminal thoughts of Tang Dynasty reflected in the legal system of negligent crime.In short,based on propriety,with propriety as the principal and punishment as the secondary;strictly govern officials and sentence according to law;penalty is lenient and punishment is prudent.Three research methods are adopted in the research process.historical research method,in the Tang Dynasty,where the legal system of negligent crime was located,the overall research was carried out based on the social and cultural background;the comparative method,both horizontal and vertical,this method is used to compare the system of negligent crime in Tang law Shu Yi horizontally and vertically,so as to reveal the essence and law of things directly;The combination of micro and macro research method,starting from the details,combined with the specific legal provisions,legal terms,to explore.At the same time,from the macro point of view,this paper discusses its legislative concept and legal thought,and strives to grasp the research object accurately and comprehensively.Finally,the following conclusions are drawn by integrating all the research contents.The understanding of the connotation of negligent crime is limited in the framework of "unknown negligence",emphasizing the ignorance of "facts" and "results",and excluding the knowledge of facts from criminal negligence.The system of negligent crime has not yet been abstracted from the concrete crime,and it still stays in the early development form of law,which is not enough in generality and has not formed a real theory of criminal law.But we can learn the traditional theory of negligent crime and absorb the reasonable factors of feudal legal system on the basis of negligent crime system in Tang law Shu Yi,so as to improve the understanding of negligent crime,promote the practical development of negligent crime and achieve the purpose of scientific prevention of negligent crime.