The guiding ideology of the legal system in Tang Dynasty is to emphasize morality and propriety, based on politics and religion, supplemented by punishment. The legislative technology has never been improved, and great progress has been made in the judicial field.
The unprecedented and complete legal system in the Tang Dynasty is of great significance to the prosperity and development of the Tang Dynasty, and has also had a great impact on many Asian countries.
At the beginning of the Tang Dynasty, the ruling clique was well aware of the importance of the people's support, and put forward the policy of governing the country by calming the people's support and calming the world. It was under the guidance of this policy that the feudal ruling group headed by him established the legislative guiding ideology of focusing on ceremony and using punishment in Tang Dynasty. It embodies the basic spirit of the legal system of commutation in the early Tang Dynasty and is a summary of the experience of legal system construction in the past 30 years.
There are four legal forms in the Tang dynasty: law, order, form and form: law is a code about conviction and sentencing; A decree is a code on all aspects of the country's political and social life system; Ge Nai, compiled by the emperor, has the nature of compiling laws and regulations; The type is the detailed rules and official document procedures that are often and widely used by state organs.
As for the relationship between law, order, style and form, we can see that order, style and form are the systems, norms and guidelines that state organs, officials and the people should abide by in a positive way, while the law stipulates penalties and sanctions for violating order, style and form and all other crimes in a negative way. The clear distinction and coordinated application of the four is a high achievement of legislative technology in the early Tang Dynasty, and it is also a remarkable embodiment of trying to handle prison affairs cautiously and unify the legal system.
In the early Tang Dynasty, the legislative activities were mainly to amend laws, and in the later period, it was mainly to compile and promulgate criminal laws. It has successively formulated martial arts, Zhenguan law, Tang law, Dazhong criminal law, Kaiyuan law, Kaiyuan law and Dazhong criminal law. They are collectively called Tang Law.
In the early Tang Dynasty, Dr. Guanglu and Liu Wenjing added or deleted the martial law, and in 624, they formulated and promulgated 53 new laws. *** 12, 500 articles
Zhenguan Law, based on Wuji and Fang's "Sui Kaidi Law", made major amendments to martial law, mainly including: increasing the service stream as a capital crime to reduce the sentence; Distinguish between two kinds of treason, and narrow the scope of capital crime while sitting; The main principles of five punishments, ten evils, eight persuasion, please, reduction, redemption and analogy, three repetitions and five repetitions of the death penalty are determined.
The Law of the Tang Dynasty is also called Yonghui Law and Lvshu. During the years, Sun Wuji and others repaired Tang Gaozong Yonghui. At that time, in order to unify the standards nationwide, Sun Chang Wuji and others were ordered to explain the laws and notes of the Tang Dynasty one by one, and set up their own questions and answers on possible problems in the judiciary. Finally, 30 volumes were completed, including 12 articles and 502 articles, which were examined and promulgated by Tang Gaozong.
The Law of the Tang Dynasty summarizes the experience of legislation and legal annotation since the Han, Wei and Jin Dynasties, not only traces and explains the main legal principles and systems, but also quotes classics as the theoretical basis of law as much as possible. After the law is promulgated, it has the same legal effect as the law. Since then, all prisons in the world have been analyzed and become the legal basis for unified interpretation of the law.
In 734, Li and others published Kaiyuan Law and Kaiyuan Law. Kaiyuan Law 12, Kaiyuan Law 30, the order, style and style have also been published.
The Popular Criminal Law was compiled by Zhang Weishi. Zhang classified criminal laws into different categories, accompanied by relevant tables, rules, orders and tables, compiled them into a series of criminal laws in Dazhong, played them in volume 12, and ordered the Ministry of Punishment to promulgate them. This law is a new form in code compilation, which has a great influence on the harmonious legislative technology of the Five Dynasties.
The content of Tang law involves criminal, civil and economic aspects. In the criminal aspect, it is mainly crimes that endanger the feudal state power and undermine the dignity of the emperor, such as treason, rebellion, disrespect, writing evil books, spreading rumors, etc., crimes that violate the feudal family ethics, such as unfilial, disharmony, injustice, and dereliction of duty, dereliction of duty, ultra vires, bribery and other crimes. , such as AWOL, revealing secrets, abusing power for personal gain and vain. In addition, there are crimes against feudal national security and economic interests, crimes against the public, crimes against city and market management, crimes against the person and crimes of embezzlement of property.
The penalty system in the Tang Dynasty mainly consists of five kinds of penalties, namely, flogging, flogging, imprisonment, exile and death penalty. Except for some heinous crimes, copper can be used to redeem five punishments in many cases.
In civil matters, the Law of the Tang Dynasty involves ownership, contractual relationship, family, marriage and inheritance. The Law of the Tang Dynasty has made relevant provisions on the limitation of private land area, the ownership of lost and buried objects, and the ownership of forests and minerals. The law of Tang Dynasty stipulated the relationship among civil contracts such as sales contract, loan contract and lease contract based on the principle of good faith.
The laws on family and marriage in the Tang Dynasty are more detailed. Tang law ensures the authority of the elders to the younger generation and the subordination of the wife to the husband. This principle is also reflected in the provisions of the Tang Law on the establishment and dissolution of marriage.
Economically, the Law of the Tang Dynasty has made relevant provisions on monopoly and foreign trade. Monopoly law is mainly about salt, tea and wine. Foreign trade has established a mutual market and a market trading system.
The judicial system of the Tang Dynasty is also very complete and has its own characteristics. The judicial organs in the Tang Dynasty were divided into central and local systems, which is a tradition since the reform.
In these two judicial systems, the central judicial system is dominant, and the emperor integrates justice, administration, supervision and military affairs; Local judicial organs have certain autonomy, but it is very limited. This fully embodies the further development of autocratic centralization in Tang Dynasty.
The Tang Dynasty established an official supervision system. In the early years of the Sui Dynasty, according to the old Han and Wei Dynasties, the central government set up an empire desk with an empire doctor as its chief executive. Tang inherited the Sui system and made some adjustments. The central government still set up a censor's desk, with censor as the chief, censor and Zhong Cheng as the deputy, and holding the national criminal constitution and regulations. It consists of the imperial court, the temple and the imperial court, and consists of several people, namely, the imperial history, the imperial history in the temple and the imperial history supervisor.
The imperial history of the imperial court occupies a high position in the imperial history. His job is to picket hundreds of officials, impeach those who violate the law and dereliction of duty, and take charge of or participate in cases submitted by the emperor. In the middle of the temple, Zhang, an imperial adviser, picketed the courtiers and other big courtiers for a meeting. The inspector's supervision level is low, but his responsibilities and authority are wide. Mainly to supervise local officials
The litigation system of the Tang Dynasty is mainly stipulated in the litigation provisions of the Tang Dynasty.
There are strict procedures for prosecution and accusation, which must be appealed from the bottom up, from the county, state to the central government according to law, and no further appeal is allowed. There are 40 people appealing and 40 people accepting the appeal. The 50 that should be collected but not collected
If there are serious grievances that are suppressed and cannot be appealed, you can directly tell the emperor; If the relevant competent officials do not accept it immediately, it will aggravate the crime; False report, employee 80; The complainant collided with the Emperor's honor guard, and the staff 60
In order to prevent excessive prosecution and severely punish false accusations, the Law of the Tang Dynasty stipulates that anyone who cannot be sure of the truth or falsehood will be fined 50. Write a complaint for others to accuse others of committing a crime, which aggravates the circumstances and is inconsistent with the reported facts. 50 yuan should also be held responsible. Anonymous accusation is strictly prohibited, and offenders will flow for 2000 miles. The false accuser sat back.
Except for rebellion, rebellion and conviction, those who sue their grandparents and parents shall be hanged. Tell your relatives, elders and close relatives, even if it makes sense, it only takes two years. Those who have made great contributions, those who have made small contributions, and those who have raised their elders are decreasing in turn. Those who sue the Lord for a song and the handmaiden are hanged.
Prisoners in prison are not allowed to report anything except knowing that they have committed treason, treason and being abused by prison officials. People over 80 years old, 10 years old and seriously ill shall not be prosecuted except for major issues such as rebellion, rebellion and unfilial children and grandchildren.
The trial system in the Tang Dynasty is mainly stipulated in the Tang Dynasty Prison Sentences.
During the trial, the judges must first find out the case, carefully examine the words, expressions and reasons stated by the interviewee, and repeatedly compare, examine and verify them to understand the relevant facts. We must seek truth from facts, and neither innocence nor misdemeanor is allowed to be convicted as a felony; Nor is it allowed to acquit a guilty person. A felony is a misdemeanor.
Judicial officials must judge crimes in strict accordance with laws, decrees, patterns and forms. Any person or thing temporarily released by the emperor that is not included in the eternal pattern shall not be quoted as a comparison. If any quotation leads to the inconsistency of the charges, it is intentional and will be punished as the crime of intentional entry. If a thing is negligence, it should be regarded as the crime of negligent entry.
In order to prevent judicial personnel from arbitrarily and abusing interrogation, some restrictions are stipulated. If the prisoner wears handcuffs for no more than 3 times, the total number of sticks shall not exceed 200; If you don't confess after copying 200 copies, you will be temporarily released on bail pending trial. The official concerned was sentenced to two years' imprisonment for illegally copying the trial and causing death. Those who interrogate criminals with sores will be flogged, and those who die will only be sentenced to one and a half years.
In addition, people who should be discussed, invited or reduced according to law, as well as sick, old and young people, may not be questioned. If pregnant women commit crimes, they must wait until 100 days after delivery, and offenders will be punished with sticks and imprisonment respectively.
The law of the Tang Dynasty also strictly stipulated the procedures of appeal review and death penalty review. After the trial of the case is completed, a criminal sentenced to more than fixed-term imprisonment shall announce the specific charges of the punishment to the criminal himself and his family, allowing him to plead guilty or not and his opinions on the punishment. If you don't accept it, you must carefully review it. Otherwise, the magistrate will compensate 50 yuan.
The execution of the death penalty is very detailed, and the death sentence must be reported to the emperor. Prisoners awaiting execution after the approval of the emperor are called death row prisoners. The execution of the death penalty requires three reports and the emperor's permission, otherwise it can be executed.
The establishment and management of prisons in the Tang Dynasty were more perfect than before. There is Dali Temple Prison in the center, where officials who were arrested by the emperor's decree and committed court murders are held. There are Jingzhaofu Prison and Henan Prison in the capital to hold criminals in the capital area. At the local level, every state and county has prisons to hold local prisoners. All prisons have full-time prison guards in charge of prison management.
In a word, the Tang Dynasty inherited and developed the previous ruling style and legislative experience, which made the law truly realize the unity of etiquette and law. Combining the spiritual power of feudal ethics with the power of national legal rule, the coercive force of law strengthened the binding role of ceremony, and the binding force of ceremony strengthened the deterrent force of law, thus building a strict ruling legal network and effectively safeguarding the feudal rule of the Tang Dynasty.
The legislation of the Tang dynasty fully absorbed the experience of the previous generation, and the legislative technology was quite perfect. The four legal forms of law, order, form and form have division of labor, connection, parallelism and complementarity. The language of Tang law is concise and clear.
The Law of the Tang Dynasty further clarified the concepts of public crime, private crime, intention and negligence, and stipulated appropriate sentencing standards. It can be seen that the Tang law embodies the high achievements of legislative technology.
Emperor Taizong was born in Longxi. The second emperor of the Tang Dynasty, Xiaoguang, was the Great Sage of posthumous title. Outstanding militarist, politician, militarist, calligrapher and poet. Creating the rule of Zhenguan laid an important foundation for the prosperity of Kaiyuan in its heyday.
Liu Wenjing, the word Akihito. Cheng Peng was born in Xuzhou, Jiangsu. Minister in the early Tang dynasty. He was one of the three Yuan Gong advisers who revolted in Taiyuan. After Tang Guoli, he was appointed to help repair laws and regulations and help eliminate Xue. He was appointed minister of the Ministry of Civil Affairs and left servant of Shaanxi East Road, and was named Duke Lu.
Sun Chang Wuji, auxiliary machine. The first generation was the Tuoba family of Xianbei nationality, a branch of the royal family of the Northern Wei Dynasty, which was later changed to history. Luoyang, Henan. After Li Zhi succeeded to the throne, he wanted to establish Wu as the queen, and repeatedly said that the emperor listened to Xu's framing, demoted his uncle Wuji, exiled him to Guizhou, and then hanged himself.
Fang, alias Fang Qiao, word, once called, word. Born in Linzi, qi zhou, during the Sui and Tang Dynasties, namely Zibo City, Shandong Province. Liang Xiang and his advisers in the early Tang Dynasty. Posthumous title Zhao Wen. He supervised the revision of national history, formulated laws and regulations of the Tang Dynasty, advocated Confucianism, and comprehensively managed state affairs. He was one of the main founders of Zhenguan rule in Tang Dynasty.
The floorboard of the trade between the central dynasty and foreign countries or nations in the history of our country. At the beginning of Han Dynasty, there was trade with South Vietnam and Xiongnu. With the smooth road of the western regions, it has been developing continuously. Maritime trade has also begun to appear. After the Sui and Tang Dynasties, each dynasty had its own special management organization. During the Song and Ming Dynasties, there were frequent tea-horse exchanges with all ethnic groups in the border areas.
Market ship is a general term for Chinese and foreign trade ships in the old society of China. Its meaning is not consistent in different times. During the Tang, Song and Yuan Dynasties, merchant ships were collectively called city ships. City ships in the early Ming Dynasty were especially tribute ships contributed by foreign countries. During the years of Zheng De and Jiajing, Portuguese and Western merchant ships came to China one after another, and foreign merchant ships gradually became market ships. In the Qing dynasty, city ships specifically referred to foreign merchant ships.
In the Han Dynasty, the trilogy was originally the name of the military establishment, generally referring to the army under someone's command. The position of the second half is humbled. The early Song Dynasty was a cheap mouth, but it was not recognized by law. Sui and Tang dynasties refer to the social stratum between handmaiden and lover, which belongs to humble mouth.
Li Shimin, Emperor Taizong, once ordered that all officials who forged qualifications must surrender within a time limit, or they would be executed. Later, officials with forged qualifications failed to surrender within the time limit and were reported to the emperor after being found out by the assessment officer. Emperor Taizong ordered beheading.
Dai, a girl from Dali at that time, thought that this situation should be sentenced to exile, but Emperor Taizong said: I have ordered beheading, and then I will go into exile. Didn't I keep my promise? Dai said: your majesty ordered beheading, but it was just a moment of anger. Laws are promulgated after careful study and the people will abide by them. Your majesty should endure a little anger and keep a big letter.
Li Shimin praised: I am relieved that your law enforcement is so strict!
1. Self-condition
Every time a girl says that in the future, she must find a Gao Fushuai. At this time, people will ask each other if she is good enou