A Study On The Judicial Malfeasance Crime Of Tang

The normal and smooth operation of the state organs and the people’s fate and the rise and fall of a country depend on that the responsibilities’ correctly performance of functionaries of state organs at all levels.As an important institution of the state organs,judicial organs plays an important role in perfecting the judicial system and preserve the legal system.The misconducts of judicial officials,will not only affect the normal judicial procedures,reduce people’s trust for the standardization,objectivity,impartiality of judicial officials’ responsibility,more can lead to heavy losses of the state and people’s benefit.Social fairness and justice finally have to rely on the judicial justice to maintain,To safeguard social justice must be first to do judicial justice.Therefore,to norm and supervise the behavior of judicial official is so important.In the feudal period in China,the ruling class also realized the importance of justice,they paid great attention to selection and supervision of judicial officials.The tang dynasty as the most thriving and prosperous dynasty in ancient society of China,It’s achievements in the construction of legal system of malfeasance on judicature also has important significance.This paper analyzes the main contents,characteristics and value,influence and enlightenment of The Tang Code’s judicial malfeasance crime by using historical analysis method,comparative analysis method and semantic analysis method based on judicial malfeasance crime in The Tang Code.The article mainly from the following aspects to elaborate: First of all,Analyze the concept and constitutive elements of judicial malfeasance crime,and then introduced the legal origin and evolution of judicial malfeasance crime from Xia dynasty to Tang dynasty.Second,Analyze the judicial malfeasance crime in The Tang Code in detail,classify the judicial malfeasance crime by six judicial procedures which are chase,acceptance of a case,trial,sentence,execute and imprisonment,then summarizes the legislative principle and characteristics,limitations and historical influence of the law of judicial malfeasance crime in The Tang Code.Finally,compared the law of judicial malfeasance crime between The Tang Code with the current criminal law,discover the defects and inadequate of the current criminal law.Then make some suggestions from three aspects: the system settings of justice of malpractice crime,the subjective aspect of crime,and the setting of statutory sentence,hope will help the perfecting of the law of judicial malfeasance crime.