Research On The Crime Of Unfilial Piety In The Tang Dynast

The scope of the crime of unfilial piety is not clear before tang Dynasty,and the scope of the crime of unfilial piety is clear in Tang Law.Although the scope of the crime of unfilial piety in the later laws is different,they are all influenced by the Tang law.Based on the provisions of the Law of tang Dynasty,this paper mainly studies the legal system of the crime of unfilial piety in tang Dynasty from the micro point of view,focusing on the system of denunciation,acceptance,conviction and sentencing of the crime of unfilial piety,and thinks that the legal system of the crime of unfilial piety in Tang Dynasty is relatively perfect.Chapter one clarifies the connotation of the crime of unfilial piety.Through combing the connotation of filial piety to understand the connotation of unfilial piety,unfilial is closely related to filial piety,violation of filial piety is unfilial.Through sorting out the legislative evolution of the crime of unfilial piety,it is considered that the Tang Dynasty inherited the legislative tradition of unfilial piety into punishment.The crime of unfilial piety in tang Dynasty deeply embodied the disrespectful into the punishment and the unfilial circumstances contained in the crime of unfilial piety can be found in the rites.Not all the behaviors violating filial piety are included in the crime of unfilial piety.Some behaviors violating filial piety are stipulated as crimes by the Law of tang Dynasty,but they are not included in the crime of unfilial piety because their severity is not enough.The second chapter analyzes the denunciation and acceptance system of the crime of unfilial piety in tang Dynasty.The denunciation system has four aspects.One victim has the right to inform against the crime of unfilial piety,not obligation.Secondly,the relatives of the victim can not report the crime of unfilial piety,because the relatives of the victim in the crime of unfilial piety are also related to the offender,so the Law of tang Dynasty stipulates that the relatives can not report the crime.Three with wu bao people have the obligation to inform with wu Bao happened in the crime of unfilial piety,adjacent wu Bao people have no obligation to inform adjacent Wu Bao happened in the crime of unfilial piety.Its four officials have the obligation to impeach unfilial crime.The acceptance system is divided into three aspects.First,the military official has no judicial function and cannot accept surrender and accusation.Only those officials who meet the requirements of level jurisdiction and region jurisdiction can judge the crime of unfilial piety.Next carding accepts the principle,denunciation three times just accepts,cannot should accept and do not accept.Finally,sorting out the situation of not accepting,not accepting the prisoner to report the crime of unfilial piety;Anonymous petitions will not be accepted;Unacceptable petitions shall not be accepted;Shall not accept the lawsuit;The denunciation of a crime against a person who is not the victim shall not be accepted.The third chapter analyzes the conviction of the crime of unfilial piety in tang Dynasty.The crime of unfilial piety in tang Dynasty is a collection of crimes,each of which has specific provisions in the following articles.The existence of sparse discussion and question and answer make the content of Tang’s law better understood and enrich the content of Tang’s law through explanation.It is easy to confuse unfilial piety with evil disobedience,disharmony,and children’s violation of teachings.Comparative analysis is helpful to understand the crime of unfilial piety.When determining the crime of unfilial piety,we should distinguish the crime,whether the perpetrator is intentional or not,and not distinguish the head and subordinate when determining the abuse of grandparents and parents.The principle of analogy can be used when determining the crime of unfilial piety.The evidence system of the crime of unfilial piety is also abundant.The prisoners who commit the crime of unfilial piety can be interrogated by torture,and witnesses can be tortured.The material evidence plays an important role.The fourth chapter analyzes the punishment system of the crime of unfilial piety in tang Dynasty.Some of the punishment rules in tang Law can be applied to the crime of unfilial piety.Some may not be applied to the crime of unfilial piety.The crime of unfilial piety has always been considered to be inapplicable to privilege,right to stay and foster relatives,and self-surrender.Through a careful analysis of the original text of The Law of Tang Shuyi,this paper draws the conclusion that the crime of unfilial piety is applicable to three kinds of privileges,namely,mitigation,redemption and official position,and the applicable right to keep and support relatives and surrender.Ten evils are not applicable to the eight and please,but reduction and redemption is not completely not applicable,imprisonment below the crime of filial piety can be applied to reduce and redemption.When the official can only be converted to imprisonment,three fold for four years,will be sentenced to imprisonment and penal crime can be applied to the official when.In order to take care of the elderly and the sick,the right to foster their parents can be applied to crimes punishable by penal punishment.Those who are sentenced to imprisonment or death for the crime of unfilial piety may be exempted from hard labor by means of adding sticks to the offender if certain conditions are met.The crime of unfilial piety applies to self-surrender,which can be done by oneself or by sending others to act for the leader.Ordinary pardons can not make the crime of unfilial piety be pardoned,only explicitly said that the crime of unfilial piety is also in the pardons can be exempted from the punishment of unfilial piety.