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Inhuman crimes of the Tang Dynasty Imperial Examination

Author: ZhouJie
Tutor: NanYuQuan
School: China University of Political Science
Course: Legal History
Keywords: Tang Gongju inhuman crime Constitute a crime Penalty
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 32
Quote: 0
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Abstract


The Tang Dynasty was the peak of development of ancient Chinese society , which with its strict legal system and less lucid officialdom are inseparable. During this period , the ancient Chinese Imperial Examination system has been established and continue to improve . Gongju is a national talent selection system , related to the quality of officials , directly affects the normal functioning of the state apparatus . Tang importance is reflected in the Gongju Gongju bear the responsibility for the acts of officials of the norms and the punishment of their crimes . Tang for the first time in the form of the national legal code specifies Gongju inhuman sin, this study provides the legal basis. Meanwhile, a number of the Tang Dynasty Tang Dynasty monarch particular emphasis officials Gongju , its edict, decree such inhuman crimes Gongju for exploring the legal thinking behind the concept and provides the basis for governing the country . In the late Tang Dynasty , Gongju nonhuman cases increased, in order to understand this crime provide the basis for the concrete practice of the Tang Dynasty . This paper analyzes the use of modern legal theory methods, Gongju Elements of the crime of inhuman punishment for legal theory and analysis . Gongju inhuman crimes are crimes officials , whose main crime is to bear the responsibility of Gongju officials at all levels ; whether subjective intent or oversight can constitute the crime , but they differ in sentencing ; objective aspect of this crime performance of the \and the normal exercise of its functions and the national right of appointment of officials . The penalty of sin is mainly Paddling and imprisonment , but in the practical implementation of the law on crime officials often impose punishment Demotion does not impose actual penalties . The main provisions of the crime in the Tang Juanjiu \During the implementation of this crime has left a rich historical , especially the Song \In addition, the \In this paper, the overall analysis of sociology and empirical analysis in specialized elements of the crime as well as case studies of some of these historical data to use them. This paper is divided into the following parts : The first part , determined in Gongju inhuman crime \Traced the history Gongju inhuman crimes , inhuman crime in Gongju previously summarized the Crime , Punishment characteristics. Briefed Tang Dynasty Imperial Examination system , combing the Tang Dynasty Imperial Examination in the legal literature inhuman crimes for the relevant provisions . The second part analyzes the crime Gongju composition and inhuman punishment, and two examples clearly constitute the crime and the punishment . This part is the main part . In the criminal component analysis focuses on the particularity of the prominent subject of crime , while interspersed with examples of each element in the process of recognition of potential rules ; in the penalty section , in addition to analysis of criminal punishment , but also analyze administrative sanctions and other penalties , and pay attention to both contrast ; analysis section in the instance , attention from the macro to the micro- sample evaluation of case studies to start a study at two levels . Tang Dynasty Imperial Examination inhuman crime fighting legal provisions and the implementation of a more accurate grasp. The third part of this crime law, legal practice and legal philosophy to make a short comment , and make a summary of this article . Through the analysis of three parts , to grasp the requirements of the Tang Dynasty Imperial Examination inhuman crimes and their implementation , and their gains and losses to be evaluated with a view to the formation of the Tang Dynasty Imperial Examination nonhuman accurate understanding of sin .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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