| This research intends to make a comprehensive study on the anti-crime in tang Dynasty.In ancient China,the inverse crime,including closely related to the "rebellion" "seeks the regicide" "insurgent" and so on,is a kind of harm to the highest rulers themselves,overthrowing the rule of one person or a family power,or in both the imperial power order separately established regime of crime,or in crime of overthrowing the political power of the countries headed by the emperor.This kind of behavior has the most direct harm to the imperial power and monarchy system of ancient countries,so it has become the object of severe crackdown by successive dynasties.In the ancient political and legal context,this kind of crime belongs to the most serious category of "ten evils",among which rebellion is always at the top of the ten evils.This paper intends to discuss the semantic origin,ideological and institutional origin,legislative characteristics,types and characteristics of anti-inversion crime in tang Dynasty,judicial and penalty of anti-inversion crime in Tang Dynasty,and the significance of legal and cultural history of anti-inversion crime in Tang Dynasty.The first is the introduction,mainly explained the origin of the problems studied in this paper,the results of the existing research and its defects,as well as the basic information and methods used in this paper.Anti-crime is the most serious crime stipulated in criminal law in the history of Chinese traditional legal system.It is also a crime with a long history and can best reflect the characteristics of Chinese traditional legal culture,the relationship between law and political power,law and politics.And the Tang Dynasty is the most typical and complete period of the anti-crime law.However,there is a lack of systematic and specialized research in the field of Chinese legal history,either in the general history or in the Tang Dynasty.No matter in the origin of the crime,ideological basis investigation,specific case analysis,legal operation,this study is in a relatively weak state.The existing researches at home and abroad mainly focus on two aspects.One is to inherit the research path of shen Jiaben and Cheng Shudi since the end of the Qing Dynasty,focusing on the examination of the laws concerning anti-crime in the Tang dynasty and before tang Dynasty;The second is to focus on one or several specific typical cases to study the inversion and related criminal behaviors in a certain period and a certain generation,especially in the Han Dynasty.The main deficiency of the existing research results lies in the lack of indepth research on the anti-crime in the Tang Dynasty,and there is no detailed discussion on its origin,development,change and how to shape it in the Tang Dynasty.The research of Tang Dynasty mainly focuses on the analysis of laws and typical cases,and lacks the overall sorting,summary and induction of anti-crime cases of tang generation.The influence and status of tang dynasty’s perfect anti-crime system in Chinese legal and political history is lacking.These are also the main points that this paper tries to address.The second part mainly analyzes the semantic source and ideological source of anti crime in Tang Dynasty.In the Qin Dynasty and before,there were few direct provisions on anti rebel crimes in the law,but from the records of the historian and other documents,it is not uncommon to punish treason in the Qin Dynasty and before.Shang Yang,Gu,Li Si and Zhao Gao are typical cases of "Treason" in different periods.The historical data of Han Dynasty is the stage of concentrated emergence of anti rebellious crimes.At the same time,the related crimes such as conspiracy,great rebellion and great treason are deeply related.From the Han Dynasty to the Tang Dynasty,the general trend is that the concept of "anti" crime gradually becomes clear and the scope becomes clearer.By the Tang Dynasty,thanks to the emergence and handed down of Tang Lv Shuyi,the definition of the relevant charges in the anti rebellious crime has become clear.Many previous acts generally attributed to "great treason" can be classified into these specific charges.At the same time,due to the differences between legislative language and historical records,there are still a large number of cross and mixed use of crimes related to anti reverse crime in practice.This will be left to the fourth part of this paper.Chapter One and the Chapter Two,mainly analyzes the origin of anti-crime in tang Dynasty,specifically divided into the system origin and ideological origin of anti-crime.In terms of system,this paper divides the development of anti-inversion crime into three main stages before the Tang Dynasty,respectively from the establishment of the Emperor system and the emergence of anti-inversion crime in the Qin Dynasty,the "great rebellion" and anti-inversion crime in the Han Dynasty,and the differentiation and development of anti-inversion crime in the Wei,Jin and Southern and Northern Dynasties.Where there is little direct regulation about the crime of rebellion in the Qin dynasty or earlier,it can be seen from the Records of the Historian that the punishment of rebellion is not uncommon.Shang Yang,Lao Ai,Li Si and Zhao Gao are typical examples of Lao rebellion in different periods.The historical data of han Dynasty is the stage of the concentrated occurrence of anti-treason crimes,and the related crimes such as rebellion,great rebellion and great treason have a profound correlation.From The Han Dynasty to the Tang Dynasty,the general trend is that the concept of anti-crime is gradually clarified,the scope is more clear,and the category of "no way" is gradually reduced.In the Tang Dynasty,thanks to the appearance and passing down of Tanglvshuyi,the definition of relevant charges in anti-crime tended to be clear,and many acts generally attributed to "great treason" in previous lives could be classified under these specific charges.At the same time,due to the difference of legislative language and historical language,there are still a lot of overlapping and mixed use of anti-crime related charges in practice.Before the end of this chapter,the author also discusses the origin of anti-crime from the perspective of the development and evolution of the legal category of "ten evils",and puts forward that the order of listing the "ten evils" in the Tang Law indicates that its inherent severity is basically from high to low.Crimes against the emperor and imperial power system originated later than crimes against family ethics,and finally surpassed the latter as the first of all evils.This process coincides with the reform of the national system and the process of social system,especially the continuous improvement of the imperial system and the continuous enhancement of the order of imperial power.Chapter Three,mainly from the perspective of the specific law of the Tang Dynasty anti-crime and related systems.As mentioned above,the "rebellion","great rebellion" and the closely related "treason" in the Tang Dynasty are not only notorious under the category of "ten evils" in the Ming Example Law,but also specific crimes under the Law of Wei Ban,and each category of crimes has different specific forms and modes of punishment.Thanks to the perfection of legislation technology in the Tang Dynasty,the provisions of anti-crime in terms of notoriety,charge,form,the punishment of principal offender and the location of the relationship have been relatively perfect,forming a complete,clear and regulated crimes-penalty system,which also occupied an important position in the ancient criminal legal system.In view of the gap between the legislative language of the Tang Dynasty and the language of today,and the great difference between the thinking of the legislative language of the Tang Dynasty and the logic of the contemporary legal language,this paper also tries to make a tabulated summary of the criminal forms and punishment results of the three crimes of anti-treason without changing the basic language features.At the same time,this chapter will combine some historical materials other than the Law of the Tang Dynasty to sort out and summarize the changes of anti-crime in different periods of the Tang Dynasty,so as to make this interpretation of the legal text more accurate and practical.Chapter Four,which discusses the types and characteristics of anti-crime in tang Dynasty.This part mainly focuses on the more than 300 reverse and reverse crime cases recorded in the appendix of the Tang Dynasty,and carries out a certain degree of classified statistics and typing analysis.It is divided into two sections: the first is the different periods of the anti-crime cases and their characteristics.According to the general process of the political development of tang Dynasty,the author divides anticrime into five periods,which are respectively the period from Gaozu to Taizong;The period from Gaozong to Wu/Zhongzong;Xuanzong period;From the An Shi Rebellion to the De Zong Period;The Period of Emperor Xianzong and later.The characteristics of these five periods are from military expedition to leniency of political punishment;A political weapon of palace intrigue;Return from the tools of governance to the tools of power;Military expedition is called mainstream;The helplessness of criminal law system to reality.The characteristics of anti-crime cases in different periods fully show the process and particularity of political development in tang Dynasty from an important side.The second is the different subjects of the anti-crime cases and their characteristics.According to the different subjects of criminal acts,this paper divides the cases into the anti-treason crimes of the royal family,the anti-treason crimes of the gentlemen and noble ministers,the anti-treason crimes of local officials and influential groups,and other subjects including eunuchs,civilians and soldiers.According to the anti-crime clauses in the law code of Tang Dynasty,the subject of this kind of crime is open and not limited to a specific scope.Therefore,theoretically,any group can become the subject of crime.However,different subjects of anti-crime concentration appeared in different stages,its consequences and political influence are quite different.Imperial families and ministers often use these charges as tools to strike political opponents and seize power,while local power groups use them as slogans to attack each other.The specific theme,especially the anti-crime cases under the situation of eunuch monopoly in the middle and late Tang Dynasty,is more likely to directly affect the stability of the emperor himself and the stability of the order of imperial power.The difference between the subjects of anti-crime cases is highly related to the development of political ecology in the Tang Dynasty.Chapter Five,which makes a comprehensive analysis of some typical cases of antiinversion crime in tang Dynasty,and summarizes the judicial practice of anti-inversion crime cases based on historical materials.The ten typical cases are selected mainly because they are evenly distributed in different stages from the founding of the Tang Dynasty to its heyday and then to its decline.At the same time,the historical records of these cases are relatively clear and there are relatively many historical materials.Not only the background,process and results of the cases are relatively complete,but also they can reflect the overall development and change trend of anti-crime in tang Dynasty to a considerable extent.In judicial practice,mainly from the historical materials can be seen with judicial elements of the case,the officials and process of dealing with anticriminal cases are analyzed,and compared with the general criminal law cases in tang Dynasty similarities and differences.At the same time,in terms of the judgment result,a certain degree of statistics and cross-analysis were carried out to screen the cases whose judgment result was in accordance with the provisions of Tang Law,lighter than the provisions of Tang Law,and heavier than the provisions of Tang Law,and the reasons for their pettiness were analyzed and summarized.The appendix is a summary of the main cases of anti-subversion crimes in the Tang Dynasty.Starting from the first year of Emperor Wude of The Tang Dynasty(618 AD),to the fourth year of Emperor Aidi Tianyou(907 AD),when Emperor Zhu And Wen became independent and the Tang Dynasty fell,the cases were sorted out in chronological order,and a total of 305 anti-subversion crimes were sorted out.It is used as the concealment of case contents and the display of main historical sources. |
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