The .7-9 Century Chinese And Foreign Judicial System A Comparative Study

The Tang Dynasty justicial system is an important part of the legal system. This paper mainly deals with the comparison of the judicial system of Tang Dynasty, Eastern Roman Empire, medieval India, the Arab Empire, Silla and Japanese. And discusses the influence of Koryo dynasty, Vietnam by Tang Dynasty.and other justice system following the situation in North Korea on all future generations, a few The impact of national political situation.Through comparing the judicial organ with the Eastern Roman Empire, medieval India,the Arab Empire,Silla and Japan, this shows that the Tang Dynasty's is more complete than that of medieval India, the Eastern Roman Empire, which are basically two trials authority, without supervising organ and judicial administrative organ. Arab Empire has not the judicial organ until the Abbasid establishes justicial institutions in the 8th century. Silla and Japan have more similarity with the Tang Dynasty's, which are following by the judiciary that comes from the Tang Dynasty.Through comparing litigation system with the eastern Roman empire, medieval India and Arab empire, this studies show that, the Tang Dynasty's lawsuit has many restrictions on litigation and very fine prescribed that it has good standard of prosecuting, accepting and arbitrating.Some of these restrictions, such as "Kiss of hidden, "in the lawsuit has certain ethical care, and similar to testify from relatives of right in the modern legal system.The Tang dynasty has a arbitrating system. judicial authority which is from the townships, to subdivision(坊) has duties and obligations to arbitrate case. In Arab empire, there is arbitrating, but not judicial officials, between believers harmonic. In medieval Indian society, grass-roots village head also has duties and obligations to arbitrate case.The east Roman empire emphasized judicial officials initiative and public power intervention, namely the program litigation in the Tang Dynasty. But the Tang Dynasty has not difference in the of civil and criminal lawsuits, and regardless of lawsuits, uses criminal means to accept. The east Roman empire, accepting judicial tradition of the Roman republic, has difference in the of civil and criminal lawsuits. The parties in case may decide what is a civil lawsuit, or a criminal case.If criminal proceedings are accepted, that the defendant will be punished. And Japan and Silla have established an advanced litigation system, which is more similar to the Tang Dynasty's.The judicial system in Silla has a characteristic of adiel diplomacy, because of according to the development of the korean peninsula. The judicial system in Japan adopted on the Tang Dynasty, transplants Chinese music and culture and contains monarchy, maintenance ethics spirit and principles. Through comparing the judicial system, this shows that the judicial administrative and judicatory are divided. In the trial, the laws appeal quite accurate about the evidences of the acquisition, the witness to a judge restrictions, the request of a judge, inquisition by torture, review of death sentence and appeal.this shows that it has more higher legislation level of Tang Dynasty. Medieval India, in addition to the royal court, has not fixed judicial institution, which can rely on officials handling everywhere.Its Judge, has also only to witness, evidence regulation, without trial and appeal. And medieval India mainly applies god's judgment in most cases. The trial procedure of the Arab empire and the eastern Roman empire is more normative, relative to evidence, witnesses, trial and appeal, and so on have clear rules. The judicial system in the Arab empire is divided into specializing in Muslim cases and non-muslims case. About the case processing of muslims, judicial officials must hear claims of dharma pie, according to the party of them. About non-muslims case, judicial officials must also trial them according to the party of beliefs in non-muslims.The case of the eastern Roman empire, is not be heard in public, and partis still need to pay legal fees. The evidences are provided by who claiming rights. In the trial period, the Tang Dynasty prescribes not only the trial period, but also the real right limitation by special law. And the Roman law only has the lawsuit and the real time limitation.In judge responsibility and protection, the Roman law has not well documented about them. But the Tang Dynasty has made clear responsibility and the protection measures of judicial officials.Through comparing the judicial detective system, studies show that judicial detective system standard, divided into two parts in Tang Dynasty. Internal supervision is the judiciary system, and external supervision mechanism is Yu ShiTai (御史台)system, the remonstration official system, Lu Qiu (录囚)system, etc. Internal and external have constituted a strict detective system. And medieval India doesn't special detective organs like the Tang Dynasty, just superior supervises their junior, the king supervises his place. For supervision of the king judicature activity, it relies on the religious conservatives. The Arab empire's Abbas dynasty, Michael Charlie courtyard is approximate to the judicial supervision. The East Roman Empire has no specific judicial supervision, but chief executive and judicial, The Roman emperor, supervises the entire empire judicial activities.By comparing, the results shows that the prison system in Tang already has three of the four functions of modern prison that control function, punishment function and maintenance function. And men and women prisoners are jailed separately. Prisoners, of freedom penalty in Tang Dynasty's prison are jailed, and Tang Dynasty's prison also has the same function, like Rome, to held executing prisoners and temporary custody prisoners. Medieval India, and Arab empire's prisons have evident punish properties. By comparing, it shows that the judicial system in the Tang Dynasty has made brilliant achievements.First, it is the highest achievement judicial system in 7—9th century Asia. Such as India, it still uses Law of Manu (摩奴法论), without complete legal system and judicial system. The Arab empire judicial system can equate with the Tang Dynasty's. But the judicial system in the Arab empire's Abbas dynasty, has truly established, and many aspects of the dynasty are still no complete legal system. And Japan and Silla are in social transformation and legal successor stage.Second, it also is the highest achievement in the world. The eastern Roman empire of Eurasia can really equate with Tang Dynasty, in addition to the Arab empire, in 7-9th century world. The east Roman emperor compiles Corpus Iuris Civilis in 6th century, which is the most complete stage, and is first system complete code in the history of Europe even. But it still is a slavery code in Europe history. TangLv Shu Yi (唐律疏义) in the Tang Dynasty has been a feudal legal code and synthesizer.The Tang Dynasty's laws represent the Chinese legal system, which is the crystallization of the wisdom of Chinese civilization achievements. The Chinese legal system is much different Roman law from the purpose, theory, code compiling of legislation, etc.Meanwhile, in ancient times, the Chinese civilization is the only one of civilization form without interruption in Four Civilization. Therefore, the Chinese legal system is also the only one of the four ancient civilizations existing law system. The Tang dynasty's law is based on the civilization of ritual and music. So, with the spreading of the Tang Dynasty judicial system, Chinese system culture, ideological culture also come in where affected by the Chinese legal system. Because of introducing into the civilization of ritual and music, local culture is promoted to develop. Eventually, the unity of the east Asian cultures comes true. "The unity of east Asian history and culture, is the product of neighboring states radiation by Chinese culture." This is enough to explain theTang Dynasty judicial system's special standing in the world.