(1) accepting money and perverting the law; Refers to the behavior of officials accepting property, which leads to perverting the law.
(2) collecting money is not unjust; Refers to officials accepting property without perverting the law.
The duty system in the Law of the Tang Dynasty stipulates that even if the law is not abnormal, 30 horses loaded with stolen goods are second only to the death penalty. In addition, the duty system of the Tang Law also stipulates that there is "collecting money afterwards", that is, "those who collect money beforehand are not allowed, and if they waste things, they will be allowed to bend the law; If you don't waste things, you will be judged by the supervised property. " This norm can be used for reference to prevent the "power option" in the current official corruption.
(3) Being under prison supervision;
(4) robbers;
(5) theft;
(6) sitting on the fence;
2. Six kills. According to the criminal's subjective intention, the chapter "Thieves and Thieves" in Tang Law distinguishes six killings, namely, homicide, old homicide, fighting homicide, manslaughter, negligent homicide and playful homicide. The emergence of the theory of "Six Killings" reflects the development and perfection of the traditional killing theory in Tang Dynasty. It reflects that the Tang law has reached a high level in both legislative technology and legal application principles. Today, "a legally prescribed punishment for a crime" is emphasized, and there is a similar requirement in the Tang law: "Conviction should be based on the law". At the same time, the Tang Law also took into account the difficulties faced by all countries with written codes-limited laws and endless situations, so the Tang Law summed up a series of principles, one of which was "analogy", which formed the applicable principle of "lifting weights lightly and lifting them lightly" on the basis of the accumulation of ancient judicial experience.
The law of the Tang Dynasty stipulated different punishments. Murder, generally reducing the number of murders and other punishments; The handmaiden's murder of the master and the murder of respected relatives by future generations are punishable by death, which embodies the maintenance of traditional ethical principles. Intentional homicide is generally executed; Manslaughter will reduce the first-degree punishment of homicide; Fighting and killing also reduces the first-class punishment of homicide; Fighting and killing will reduce the second-class punishment of fighting and killing. Manslaughter is generally called "atonement theory", that is, making copper atone.
In addition, the principle of "changing outsiders" in Tang Law means that according to China's traditional view, anything that is not influenced by Chinese civilization is outside education. The so-called "foreigners" are now foreigners. The principle of "foreigners" emphasizes that the Tang Dynasty was a period of frequent exchanges between China and foreign countries. At that time, many foreigners went to China to do business and lived a variety of lives, which inevitably led to conflicts. If there is any contradiction, the law should be applied. In order to show openness, the Tang Dynasty established the principle of "foreigners".
The principle of "turning an outsider into an outsider" stipulates that if two foreigners belong to the same country and there is a dispute in China ruled by the Tang Dynasty at that time, the Tang government allows the application of its own laws to resolve the dispute, which is called "according to its own customs". If two foreigners belong to different countries, or a foreigner has a dispute with China people, the principle of territoriality should be followed. It is necessary to apply the laws of the Tang Dynasty. Apply such rules to reflect the fairness of the law as much as possible. This not only adheres to the principle of sovereignty but also embodies the principle of fairness, and also applies to the open social situation. Therefore, even in today's judicial practice, the principles summarized in the Law of the Tang Dynasty still have reference significance.
The principle of this ancient code changed after the Ming Dynasty, stipulating that as long as it is a foreigner, whether it is a country or not, as long as it is within the ruling area of the Ming Dynasty, it is applicable. This is the simple principle of territoriality.
There are many aspects of Tang law that deserve special attention. According to the requirements of the judicial examination syllabus, we should master and distinguish the differences between these principles, such as the principle of falsely accusing people of sitting against each other, the principle of surrender and so on.
After the Sui and Tang Dynasties, the Song and Yuan Dynasties came into being, and the Song Dynasty was a very special dynasty. Since the Han Dynasty, the Song Dynasty, as a single dynasty, has ruled the Central Plains for the longest time. From the Northern Song Dynasty to the Southern Song Dynasty, the regime existed for more than 330 years, so the influence of the Song Dynasty on China's later imperial system and traditional laws was very far-reaching. The Song Dynasty left traces in all aspects. For example, Chinese characters were called "Microsoft Yahei". Except papermaking, the four major inventions were all related to the Song Dynasty, and the inventions of abacus, compass and gunpowder were all completed during this period. There are many phenomena in China's traditional society that deserve our deep consideration.
This society is very inclusive, it can accommodate all kinds of new things we talk about, and the social structure is very conservative. It can constantly assimilate these new things, adapt them to the existing social structure, and show its inertia.
China invented the navigation compass, but for thousands of years, there was a very developed navigation industry, but it was hindered by this system and thought. In the future, the compass was in China's hand, but it was a valuable tool for Mr. Feng Shui, but it was provided to westerners to discover the new continent. So is gunpowder. Since then, China people have become exquisite fireworks. Westerners use it for a series of expansion and plunder. Therefore, the emergence of a social phenomenon may first appear in China, but it is abroad that really has a significant impact on the social and historical process.