Research On Robbery Crime In Tang Dynasty

In the thousands of years of feudal dynasty in our country,the problem of thieves has been an disadvantage in social life for a long time,so the robbery has also become one of the most serious crimes fought by the rulers in the past deynasties.The object that the robbery infringe is not only official and private property,but also the right of the person.But,seen from the deeper layer,the robbery is a serious damage to the feudal ruling order.From the beginning of the feudal dynasty,there was a law for punishing thieves.In the Warring States Period,the “ Fa Jing ”,which is the pattern for the code of later dynasties,“ thief law ” and “ heister law ” were the first section,the importance is obvious.Through the development of the Qin,Han,Wei,Jin,South and North Dynasties,gradually separate the robbery from the larceny.ZhangFei clearly explained the meaning of robbery in “Note the low”as “the use of violence to obtain property from others”.Article 281 of the Tang Code separates the crime of robbery,“the meaning of robbery is the use of violence to obtain property from others,use violence first and take away ptoperty;use violence after stealing property,and use drugs or alcohol to confuse others and take away their property.” Therefore the Tang Code states that the perpetrators employ violence to obtain property from others in robbery,which is different from the thief and the robber who not for the purpose of taking money.The legislators of the Tang Dynasty not only absorbed the legislative experience and judicial practice achievements,but also made a detailed analysis and consideration of the actual social situation.Article281 of the Tang Code not only stipulated the way of taking money from the perpetrator,but also stipulated the principle of sentencing and punishment for the crimr.In addition,the Tang Code made very comprehensive legal provisions on the principles of surrender and recidivism,and accomplice in the robbery.The Tang code discussed the robbery in detail.Legislator in the Tang Dynasty realized that crimes were endless,and the law could not cover them all,as did the crime of robbery.Therefore,the legislators also stipulated certain acts similar to the crime of robbers in the way of specific kind of robbery on the comparison system involved in the crimeof robberies.The kind of system not only makes legal provisions more simple and clear,solves the disadvantages of cumbersome legislation,but also balances the entire lagal system.The relevant provisions of the Tang Code on robberies are so complete and detailed that they reflect the superb legislative skills of the Tang Code.Therefore,using the Tang Code as a carrier to study ancient robber crimes can not only further deepen our understanding of the legal system of the Tang Dynasty,but also has important reference significance for modern legislation in China.