Research On Xixia Escape Law

On the issue of escape in Tang and Song Dynasty,predecessors have done some research,but there is less attention in the academic circles on the study of the law of escape in Xixia and the comparison between Tang and Song Dynasties and the issue of escape in Xixia.Based on the New Law and Rules of Tiansheng Era(??????????),this paper intends to analyze the escaping phenomenon in Xixia and compare it with that in Tang and Song Dynasties,combining with Liang Songtao's Hainian New Law?(?????),so as to better understand the origin relationship between the Northwest Minority Code in the Middle Ages and the laws in the Central Plains.In the first chapter,according to the New Law and Rules of Tiansheng Era of the early Xixia Dynasty and the Hainian New Law of the late Xixia Dynasty,the author analyzes the punishment of the people of all walks of life in the Xixia Dynasty from some aspects:the escape of criminals and peasant households,officials,private persons(???)and women fleeing,and the desertion of officials,treason and flight.The provisions on escaping were compared in the legal literature of Tang and song dynasties.According to the law of the Xixia Dynasty,not only the fugitives should be punished.but also harboring fugitives should be punished according to the law.The first part of the second chapter of this article analyzes the crime of harboring fugitives from three aspects:concealed fugitives,concealed officials,private person and women.The punishment for the crime of harboring fugitives is mainly related to the identity of the fugitives and the relationship between the harboring person and the fugitives.If the harboring person and the fugitive are close relatives,the penalty will be reduced accordingly,which is likely to be influenced by Confucianism's "concealment of relatives".The second part of' this chapter analyzes the accusations against fugitives.In order to encourage the accusations against fugitives,the XiXia Dynasty set up rewards,like the Tang and Song Dynasties.The rewards were mainly given by fugitives,and when the fugitives were unable to get out,they were given by officials.However,in order to prevent indiscriminate accusations,the rulers stipulated those who misbehave should be punished.In order to prevent criminals and civilians from escaping,Xixia strengthens the management of criminals and civilians.The first part of the third chapter analyzes the management of fugitives and the punishment of the supervisor for dereliction of duty to release fugitives.It was found that in order to prevent people from fleeing in the XiXia Dynasty and Tang and Song Dynasties,a relatively perfect information registration system was established,and the penalties for the dereliction of duty of the supervisors were basically based on whether the supervisors were arbitrary or not.After the fugitives escape,the government must send pursuers to pursue,so the second part of this chapter discusses the pursuit of fugitives,analyzes the punishment of the fugitives in the pursuit of dereliction of duty and the rewards of the fugitives.By comparing the escape laws of the XiXia and Tang and Song Dynasties,we can see that the XiXia followed the escape laws of the Central Plains in the Tang and Song Dynasties,and combined with the national conditions,formed a whole set of legal systems concerning the fugitives,which once again proved to the world that the minorities played an important role in the formation and development of the legal civilization of the pluralistic integration of the Chinese nation.