The Embodiment Of Familism In "Law Of Tang Dynasty"

Familism is a kind of social concept that takes blood relationship,kinship relationship and marriage relationship as a link in order to maintain the interests of the group.Its formation is influenced by many factors such as economy,politics,social structure,culture and historical origin."Familism" initially developed in the Qin and Han Dynasties,rapidly grew up in the Wei,Jin,southern and Northern Dynasties,and integrated into the Tang Dynasty.The influence of "Familism" on the ancient society of our country has been deepened gradually.The reason why the law of Tang Dynasty has such a high status is that it has achieved "the unity of etiquette and law" and therefore shows a high degree of maturity.The "propriety" in the "unity of propriety and law" is the Confucian thought with family doctrine as the core.Among them,the embodiment of familism in the Tang law mainly includes maintaining the authority of parents,the principle of "quasi five services to punish crimes" and the principle of concealing relatives.Patriarchy is a very important family system in China.Parents are the decision makers and managers of the family.In a family,the patriarch is usually an old and highly respected man.The patriarch is the parent of the whole family and manages the whole family affairs.The management of parents to the family is mainly manifested in the right to dispose of family property,the right to marry the inferior children,etc.,and also includes the crime of unfiliality.The Jin Dynasty established the legal principle of "allowing five services to make a crime" in order to "guard against strict ethics"."Five clothes",that is to say,mourning clothes are used as a sign to show the distance,closeness and dignity of relatives,which are divided into five grades.They are: chopping failure,Qi failure,great power,small power,power and hemp,etc."Quasi five servitude to system crime" refers to the behavior of mutual infringement between relatives within nine families.It is necessary to judge the crime,non crime and misdemeanor according to the kinship shown in the servitude system.This article mainly introduces the crimes of killing,adultery and theft.The principle of punishment is based on serving system(judging distance between relatives)as the basis of punishment.The system of toleration and concealment is a legal system for maintaining the relationship between relatives,harmonizing families and maintaining social stability.In this paper,from the Han Dynasty’s "first concealment of a relative" to the Tang Dynasty law,"concealment of cohabitation phase" article,a more detailed introduction of the concealment system.In today’s socialist rule of law with Chinese characteristics,familism still has something to learn from.We should take a rational attitude of "Sublating" familism.For example,we should re-examine the concealment system,which has been abandoned by China’s criminal legislation in practice,change this overcorrected practice,and implement this ethical legal system,To explore a diversified dispute resolution mechanism to assist national management.