| Comparison system is a law method of conviction and sentencing which is widely used by judicial officials in ancient China.It is a method with ancient Chinese style.The Tang Dynasty was in the process of development of ancient Chinese parallel system In the period when the content is relatively perfect and the system as a whole tends to be mature,the study of the tang Dynasty is an important link to grasp the system as a whole.Comparison is the product of the application of law in ancient China,and it is an indispensable part of the judicial system in tang Dynasty.In tang Dynasty,the system of imperial examination and judicial officer’s responsibility provided the system guarantee for the application of the system.In the tang dynasty last analogy abuse by every time,on the basis of the experiences and lessons of the existing analogies system has carried on the correction,retained part of which is consistent with the legal requirements in the tang dynasty,and based on the actual needs of the judicial,restrictions on one of the above applicable prerequisite,applicable to many ways,such as refinement and improvement of formed a relatively perfect system system.In the Tang Dynasty,as an important legal method,comparative attachment was widely used in the judicature,which improved the applicability of the laws of the Tang Dynasty and largely alleviated the difficulties in determining the nature of criminal acts and making appropriate and reasonable penalties in the judicial process.The comparative system of tang Dynasty was a legal system consistent with the popular concept at that time,which helped solve many problems existing in the judicial system and played a positive role in the judicial field.Moreover,the tang Dynasty’s comparative attachment system was formulated on the basis of considering its highly adaptable to the current legal system and judicial practice of the dynasty,which was a set of legal system with rich content and efficient and reasonable application.Therefore,the specific provisions of the Tang Dynasty on comparative attachment were generally inherited by the later dynasties.Tang dynasty law for above and applicable procedure etc.There is no specific provision,the tang dynasty and analogy in the process of apply subjective interference factors still exist many problems,such as more,but that does not deny analogy system in tang dynasty,the judicial indeed play an active role in such aspects,as well as the specific research on system of tang dynasty analogy is necessary. |
