Study On Duty Crime In The Xixia Dynasty

In order to maintain the long-term peace and stability of the country,successive regimes formulated legal systems to clarify the rule of officials,and Xixia was no exception.The "TianSheng Law ",which has been preserved to this day,is a first-hand source for the study of Xixia society,and contains a large number of articles on crimes of office.Based on this,this paper attempts to systematically classify and discuss the punishment and punishment principles of official crimes in the Xixia,based on the existing results,with a view to supplementing the research on related issues.The text is divided into four parts:the first part is a compendium of the provisions of the "Tian Sheng Law" on Official Offenses.It can be seen that Xixia attaches great importance to the prevention and punishment of official duties crimes,and the relevant provisions account for a large proportion of each volume,involving a wide range of officials,from grass-roots petty officials to high ranking officials and nobles,and the law is more complete,presupposing various possibilities and matching the corresponding punishment.The second part is the focus of this paper,which analyzes the types of official crimes,and divides the Xixia official crimes into general field official crimes and special field official crimes according to the different subjects of crimes.The former mainly targets administrative personnel,including corruption and bribery and malfeasance,corruption and bribery include embezzlement,bribery and active bribery,and malfeasance includes dereliction of duty and trespass of authority.Special areas of job crimes are mainly for military and judicial officials,military job crimes are military personnel breach of duty,military corruption and bribery and military negligence crimes,judicial field job crimes are judicial officials bribe-taking and abuse,judicial officials malfeasance,official access to the human crime.Below each category there are a number of specific crimes,summarized level by level,layer by layer.The third part is the punishment mode and punishment principle of duty crimes.The punishment methods of office crimes are summarized as criminal punishment,administrative punishment and civil punishment.Among them,criminal punishment includes flogging,cane,servitude and death penalty,administrative punishment includes dismissal,post,military and demotion,civil punishment is mainly Xixia fine penalty.This section summarizes which criminal subjects are subject to which penalties under which criminal acts and what the maximum and minimum penalties for each punishment are by way of lists.These penalties reflect the principles of distinguishing between perversion of the law and non-perversion of the law,between supervisors and non-supervisors,and between wilfulness and negligence.The fourth part is about the legislative characteristics of the Xixia official crimes.It is proposed that Xixia inherited and carried forward the laws and regulations of Tang and Song dynasties in terms of legislative system,text structure and punishment means,focusing on principles and specific analysis of specific problems in legal regulations,ruling officials with heavy penalties in conviction,and giving lenient policies such as remission for special groups in sentencing.the Xixia regulated official duties and crimes through codes,forming an integrated prevention and control mechanism to maintain social stability and ensure the normal operation of the regime.