"Tang Law" Joint Crime Research

Joint crime is a special form of crime.It has a large number of participants,a wide range of involvement,and is extremely harmful.The legislation of the past generations has paid great attention to the provisions of joint crimes.The origin of joint crimes in ancient China was early in the Xia Dynasty.After the development of the Qin and Han Dynasties,the Wei and Jin Dynasties,it was very complete in the Tang Dynasty.There are many problems involved in joint crimes.The definition of the concept of "intentional offenders",the criteria for distinguishing first and accomplices,the connotation and punishment of decrees are all unavoidable problems in the study of Tang law joint crimes."Taking history as a mirror,we can know the rise and fall",this article chooses the content of joint crimes in the "Law of the Tang Dynasty" as the research object,based on the provisions of the law,and combined with relevant cases to analyze how the law of the Tang Dynasty convicted and sentenced joint crimes of the decrees,the meaning of "decree" and whether there are coerced accomplices in Tang law are discussed.Analyzing this is helpful to understand how the "Law of the Tang Dynasty" identifies these accomplices,how to convict and sentence them.Comparing the "Tang Law" joint crime with the current criminal law,it is found that the concept of joint crime and the division of accomplices are the same.Both believe that joint crimes can only be constituted by two or more people jointly,and both will be accomplices.It is divided into principal offender(primary offender),accomplice,coerced offender,and abettor;the content of the abettor and the instigator is different between the two.Modern criminal law instigates juvenile crimes to aggravate the instigator,while Tang law is to instruct the elderly to commit crimes.The elderly are exempt from punishment;the status relationship also differs greatly in the conviction and punishment of accomplices.The status of public servants in the current criminal law has little effect on the establishment and punishment of accomplices,and the distinction between principal and accomplice is still based on the role of accomplices.And the special status in the Tang law has a great influence on the distinction between the first and the servant and the sentencing.By comparing the similarities and differences between "Tang Law" and the current criminal law on joint crimes,we can better grasp the legislative characteristics of Tang Law,and explore the parts that still have reference to today's society.