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The Study On Damage Compensation System In Tang Dynasty

Posted on:2022-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Y LouFull Text:PDF
GTID:2505306755971059Subject:Law Principle, Law History
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As an important part of the legal system,damage compensation plays an important role in people’s mediation of disputes.The content of damage compensation in ancient China first appeared in the Western Zhou Dynasty.After the further development of the Qin and Han Dynasties and the Wei and Jin Dynasties,it was relatively complete in the Tang Dynasty.Looking at the laws before the Tang Dynasty,the provisions on damages are basically the same and scattered.Until the Tang Dynasty,with the prosperity of economy and politics,the legal system of damage compensation continued to develop and improve on the basis of learning from the laws and regulations of the previous dynasty,and finally formed a relatively complete system.This system has become an important content of the study of damage compensation system in ancient China.There are two reasons why the damage compensation system in the Tang Dynasty is relatively complete: first,affected by the high development of commodity economy in the Tang Dynasty,people’s awareness of rights was further awakened,which made people consciously use the means of damage compensation to protect their own rights and interests;Second,the increase of social conflicts is not conducive to the long-term stability of the country.The ruling class is bound to strengthen the protection of the Communist public interest out of the need to consolidate centralized rule.Therefore,the damage compensation system has been greatly developed in the Tang Dynasty.In this context,the constituent elements,types and Realization of damages were systematically stipulated in the Tang law for the first time.Starting from the causes,the damage compensation in the Tang Dynasty is divided into three types: property damage compensation,personal damage compensation and breach of contract damage compensation.From the perspective of implementation,there are many ways and means to realize the damage compensation in the Tang Dynasty.These contents have a far-reaching impact on the development of the legal system of damage compensation in future generations.The principles of private rights protection and other scientific and reasonable parts are worthy of our study and reference.
Keywords/Search Tags:Tang dynasty, compensation for damages, tort, contract behavior
PDF Full Text Request
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