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Comparative study of the law the crime of killing people in the Han and Tang Dynasties

Author: FengShen
Tutor: XuShiHong
School: China University of Political Science
Course: Legal History
Keywords: Comparative Study Laws in Tang Dynasty Special subject General subject Offender Clause Relatives Ancient Criminal Law Han and Tang Dynasties Regulations of Criminal Law
CLC: D924.3
Type: Master's thesis
Year: 2005
Downloads: 331
Quote: 1
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Abstract


Ancient Criminal infringement of others' lives and health of the crime is called the crime of killing people. In accordance with the different relationship between the offender and the victim, the type of crime can be divided into two types of the general subject of the crime of killing people with special subject of the crime of killing people. The so-called general subject of the crime of killing people that is the destruction behavior between the average person, the special subject of the crime of killing people is the killing behavior between the Government and the people, relatives, main cheap special main. The crime of killing people has always been a focus of criminal regulation. Ancient Chinese legal development process, the Han Dynasty and the Tang Dynasty, two iconic stage. The Tang Dynasty Yeonghwiwon law is the first Codex of intact so far down. Unearthed in recent years, \This makes it possible to comparative studies with historical documents recorded the same time, it also highlights the need to carry out a comparative study with the Tang Dynasty Code provisions out. For this reason, this article attempts to compare the two precepts \law and common ancient penal legislation of the crime of killing people, and then discuss the differences with the modern criminal legislation. The paper is divided into three parts. The first part of the Decrees of the Second Year · Law of Theft in the provisions on the crime of killing people and its collation with modern translation \after, on this basis, I try to be law text translated into modern Chinese. Second part of the Han and Tang law in general the main comparison \\The third part of the Han and Tang Dynasties law in the special subject of comparison \the officials related crime, criminal Acts beaten by the common people of the criminal aspects, \Finally, in the \the characteristics discussed, while superficial contrast with the modern theory of criminal law.

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