The Punishment Of Bribery Research Crime Tang

The word "bribery" in the tang dynasty had ever seen, on charges of "bribery"in the analyzed ethically did not appear, but from the perspective of modern, analyzed ethically the related law today belongs to the category of accepting bribes, as the criminal law, the goods is not in the criminal law, by the property, etc., it is discussed in this paper the nature of the bribery crime in tang dynasty. Thesis mainly divided into three parts, the first part from legislative overview, the second part, from the perspective of the case analysis of judicial practice, on the basis of the former two parts for the third part of the enlightenment. From the implementation of the main body, objective aspect has formed a complete system of charges, became a punishing criminal bribery nature enough tight dragnet. See from its legal responsibility and regulation in the tang dynasty "strict and not advocating" legislation. Its formation is the principal officials of punishing corruption and politeness compatible under the premise of strict law, and it is in the previous two legislative compromises, partial officer expensive but not indulge crime, to recreate co., LTD., is a good law. But in practice, the implementation is not good. During Tang Gao zu, big Tang establish, a lot of things to do, not strictly according to law of the nature of the bribery crime punishment; Dynasty yong hui years, tang tang dynasty the emperor country prosperous, strictly enforce the law, punishment of officialdom unhealthy practices;Gao zong xian celebration after the regime, the punishment for taking bribes were affected, judicial selective case and not according to law, or light or heavy, and not advocating\" legislation gradually burst. Reason is the ruler, their emotions, interests and the interests of the ruling class as a whole will, contradictions, and under this contradiction intensified the ruler, the breakage of the legislative.Yan and not advocating legislation, although in the tang dynasty and failed to get very good implementation, but for the present stage still has reference significance for perfecting the relevant legislation in China. Compared the characteristics of strictand not advocation the tang dynasty, modern Chinese bribery legislation presents the characteristics of the "folded and lax", in order to realize from the "folded and lax" to "strict and not advocating" of the change of legislation, modern criminal law, criminal law need to focus on is the scope of bribery and punishment of bribery crime.