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Record Prisoners System in the Tang Dynasty

Author: HuangWeiDong
Tutor: JiangJianShe
School: Zhengzhou University
Course: Legal
Keywords: Record prisoners system The tang dynasty The cause of record prisoners Historical evaluation
CLC: D926.7
Type: Master's thesis
Year: 2011
Downloads: 50
Quote: 0
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Abstract


Prisoners in the system of slavery originated in the first period, and by the evolution of later dynasties, the prison has become an important judicial system. Tang rulers take Mixture Confucian and Taoist thought the country’s ills, in legislation and enforcement practice to ensure wide reduction, prudent prison sentence shirt ideas, frequently recorded in prison, prompting the prison system in the Tang Dynasty recorded continuously developed, and tends to a complete shape, which laid the foundation of the Tang Dynasty in ancient China Prisoners system in an important position in the legal system. In this paper, Prisoners in the history of the development as a clue to Prisoners system origin, development; Tang Prisoners reasons; Tang Prisoners in the functions of the main system; Tang Prisoners in the history of evaluation, and the Tang Dynasty recorded prison system in the contemporary trial supervision system in China five aspects, through the verification and reference a lot of historical data, the results of previous studies, based on the shallow of the text, trying to reflect the prison system of the Tang Dynasty recorded the whole picture.Prisoners in-depth study of this system through the origin, the majority of scholars believe that the current prison system recorded the views of any errors originated in the Western Han Dynasty strict on the content and purpose of Prisoners system analysis, historical research shows that the system originated Prisoners should be in the slave system period. This article also appeared in different periods, "consider prisoners", "Li prisoners", "Reorganizing the" names such as summary and analysis, the recorded prison system, it is the conclusion of another name, also discussed the Ming and Qing Dynasties Trial System is also recorded prison system, the result of evolution.Prisoners in the Tang Dynasty There are three main reasons:first, to prevent stagnation Prison injustice, a miscarriage of justice and the existence of hysteresis prison Prisoners in the direct cause of the Tang Dynasty, the Tang rulers also be carefully thought of punishment-shirt and frequent offenders Prisoners; Second, Mi Tang rulers of the need for disaster, that tolls recorded in prison, Tang pointed out that the ruling class understand the two theories of natural disasters, the "disaster Wrath of God said," and the "yin and yang theory"; third embodiment infinite royal emperor of the Tang Dynasty, pardon the needs of the road, mainly by reference to historical data to explain the large number of activities recorded in the Tang Dynasty, the Emperor offenders the primary means of pardon.Prisoners in the main functions of the Tang Dynasty and segregation of duties there are three:First, the emperor himself Prisoners, Prisoners personally discussed the case of the emperor and the emperor himself most of the geographical scope of Prisoners of land in Gyeonggi Province; Second, the emperor sent envoys Prisoners, Main Board of Punishments to send and Imperial and Central Government officials Prisoners out; three officials of the judiciary and fixed Prisoners regularly.We should be historical perspective to evaluate the prison system recorded the Tang Dynasty, the Tang Dynasty recorded prison system under the prevailing social system has its progressive, the Emperor of easing social conflicts, and understand the legal situation of the operation and administration of local officials to improve the legal system active role; but the feudal society of Tang Dynasty, the emperor’s activities tend to become emperor of Prisoners pardoned prisoners as a means of crime and undermine the legal operation of the Tang Dynasty of justice.Finally, the article briefly discusses the prison system of the Tang Dynasty recorded for future generations the system of judicial supervision, focusing on the prison system of the Tang Dynasty recorded the impact of the Ming and Qing Dynasties Trial System, and come out of the system of judicial supervision of contemporary thinking, an example in the case of Zhao Zuohai Contemporary judicial supervision system should be improved.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The prison system and reform through labor system
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