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Research On The Liability For Property Infringement Compensation In Tang Dynasty

Posted on:2021-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2436330647957832Subject:Legal history
Abstract/Summary:PDF Full Text Request
The terms expressing compensation have gone from "Geng","Geng" and "Reward" in the pre-Qin period to "Negative","Negative compensation","Negative reward","Responsibility","Responsibility," "Bai" and other words were added to the Tang Dynasty.The modifiers before the words expressing the meaning of compensation define the specific types of liability.Qin Guo's liability for liability is mainly divided into two types: "solitary responsibility" and "common reward(compensation)".The provisions of Qin and Han's law on the liability of the actor for compensation after property infringement also include "parity compensation" and "price reduction",as well as "shared burden","negative one","negative two","three It can be seen that the type of liability for "compensation" is not systematic and fragmented.A search of the meaning clauses of "compensation" in the "Tanglu Shuyi",and analysis and summary of its modified terms shows that there are four main types of liability for property infringement,namely: "reparation"," Reimbursement reduction "," Half reimbursement reduction "and" Double reserve ".The type of liability for " Full compensation " occurs most often and is applicable in most cases of property infringement.As the name suggests," Reduced value of compensation " means that the property infringed by the actor has residual value.At this time,only the reduced value of the property is compensated.This type is most applicable in cases of violations of livestock products."Half the price reduction" is a bit lighter than the " Compensation reduces value by half ".Relatively,the applicable infringement situation is less than the damage caused by other types.This regulation is detailed in the Tang Law for two livestock products.In the case of losses caused by mutual fighting,at this time based on reasonable considerations,the infringing party should compensate the injured party appropriately." Double compensation " has the most serious liability for damages,which means double compensation.Tang law stipulates that for the type of "theft" The crime of “stolen stolen” is applicable to the double compensation penalty,because at this time,the perpetrator's mischief of greed for others is more serious than other property crimes.Tang Law made detailed regulations on the method of compensation and established an effective supervision system.According to the actual situation,Tang law set up other methods of performing compensation responsibilities besides monetary compensation to prevent the victim's rights and interests from being compensated from becoming unsuccessful.There are mainly two types of compensation: labor compensation and punishment.In order to implement the liability for compensation,to protect the rights and interests of the victims,and to prevent their rights and interests from being infringed upon twice,Tang law provides a number of measures to supervise the entire implementation process,including the amount and time limit.Compared with the compensation system in the Qin and Han dynasties,the compensation system in the Tang Dynasty not only adjusted more diverse social relationships,but also had more complete types of liability,and the implementation of liability was more flexible.Some specific provisions of the liability system in the Tang Dynasty were also It embodies the characteristics of the integration of law and reason.
Keywords/Search Tags:liability for compensation, Full compensation, Reduced value of compensation, Compensation reduces value by half, Double compensation
PDF Full Text Request
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