| False charge arise with the emergence of the country which make use of state power to vent their grievances,So punishment the crime of false accusation has always been the attention of dynasties rulers.It is not only a violation of personal rights of human beings,but also caused great damage to the judicial order.Therefore,false accusations Punishment of the Crime of statutes in the Code of dynasties are in an important position.In the early Western Zhou Dynasty,there is a case to punish the crime of false records,and the false accusation of the legal principle was established in the Qin Dynasty.Since then,this legal principle has been inherited,which is the only mandatory provisions to address false accusations of crime and reduce the incidence of false accusations played a great role for a long period of time.Legal law summarized previous legislation,judicial practice and experience of the Tang Dynasty,and to "the li as a standard,promote probation and careful use of punishment"as the guiding ideology of legislation,in enhancing legislative technique,elaborate legal principles have achieved a high level of achievement,and become a model representative of the traditional Chinese Traditional Law.Manifested in the punishment of false accusations,it is the establishment of a complete set of scientific and rigorous false accusations of criminal law system,which for the judicial officials in the judicial practice to provide effective and operable standards.At present,the academic community has not yet a special discussion on this crime,the study of false accusations of Tang Dynasty is also inadequate.This article is based on this.This article is divided into four parts:The first part exploration of the meaning of words and etymology,and the punishment of false accusation is divided into three times to inspect,which is before Qin,Qin Dynasty and Han Dynasty,Wei and Jin Dynasties.Referring to the second part of the modern criminal law doctrine of four elements of crime,the crime of false accusations launched discussion,analysis the Code of the Tang Dynasty provisions on the crime of false accusation.The third part of the investigation of the Tang Dynasty false accusations of the judicial practice,Because of the special social environment and policies of the rulers of the Wuzetian,it is divided into Wu Zetian period and other periods to be addressed.The fourth part tries to make a comment on the crime of the Code of the Tang Dynasty. |
