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Tang Law System and It’s Modern Signicance of the Surrender

Author: TanXiaoLi
Tutor: ZengDaiWei
School: Southwest University of Political Science
Course: Legal History
Keywords: Tang Code surrendered Legislative Background General Provisions Feature Evaluate Modern surrendered Learn
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 461
Quote: 3
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Abstract


The surrendered system of our country, first recorded in the Western Zhou Dynasty, \After a long period of development, to the Qin and Han Dynasty, surrendered system complete lot. In the legal system of the Qin Dynasty first is called \The Han Dynasty surrendered system, made some progress on the basis of inherited Qin law. Under the laws of the Han Dynasty, the criminals surrendered can be reduced or exempted from punishment. To the Southern and Northern Dynasties legal provisions of the surrendered basically did not change much, still will surrender penalty relief as the plot, just the name on the \In the Tang Dynasty Code \Background of the Tang Dynasty the surrendered system established in the following areas the ideological origin: Confucianism legalization; social reality: the early Tang dynasty socio-economic destitution; the the legislative technique: the first generation of legislative technique Temperament developed. Tang Code surrendered system detailed surrendered the principle is: the crime is not made and surrendered the original severity of the offense; the surrendered subject is generally the perpetrators, but also can be others; turned himself in time crime unissued, also provides some special time of surrender; turned himself in diverse ways, learn the worth of modern criminal law; surrendered to the location specified as the official, and the wide range of modern surrendered location. The Tang law also provides for the prohibition of surrendered situation in the human damage to things that are not backed subordinated incident flee, the more degrees off and rape, and private learning astronomy does not surrendered cases. As the legislative technique, the needs of the community, the spirit of the law and the different modern surrendered system and the Tang Dynasty surrendered system, many provisions difference. Modern criminal law surrendered \surrendered. \Is not to take coercive measures, voluntary surrender truthfully confessed, set up a \General surrendered to constitute two conditions: the voluntary surrender of a true account of. The voluntary surrender of criminals after the crime in a specific period of time, take the initiative to the relevant authorities or individuals truthfully confessed his crime. Truthfully confessed: crime after crime initiative to state organs and truthful account of the main facts of the crime. In particular surrendered requirements: compulsory measures or criminal suspects, defendants and sentenced offenders, truthfully confessed the judiciary has not yet mastered the other crimes, as voluntary surrender. Voluntarily surrendered themselves can also be combined with meritorious circumstances. Surrendered surrendered at the same time, there are meritorious circumstances, the law requires lenient punishment. Perpetrators have surrendered after general meritorious service, was subject to criminal liability \Surrendered with great merit in combination, in order to obtain an absolute reduction of sentence. Sentencing these two together to encourage the offender actively to give himself up, and take the initiative to return to the community, to atone. Compared with the Tang Code, modern surrendered system more scientific and reasonable, but Tang law surrendered to the provisions of the system, there is still much to learn. Recognized by the Tang Code provisions necessary to consider the subjective aspects of the surrendered voluntarily surrendered themselves, but also consider the objective aspects of the surrendered. Modern criminal law from the objective surrenders action to identified biased. The Tang law provisions surrendered a variety of modern surrendered appear to be a single, you can learn the provisions of the Law of Tang Dynasty, expand surrendered way. Modern surrendered system does not include \By comparison of the modern criminal law and the Law of Tang Dynasty surrendered system, helps us to understand the essential meaning of the surrendered to promote better use of the surrendered system in practice.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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