A Study Of The Origin Of The Three Laws System In Tang Dynasty

The system of three legal divisions was formed in the Tang Dynasty.If major cases were encountered,the three divisions of the Ministry of Criminal Justice,Dali Temple and Yushitai jointly controlled the prison.The determination of the system of three legal divisions also made the relationship between the three divisions clearer.This article is divided into four chapters.The first chapter is to discuss the system of "Three Judiciary" in Tang Dynasty and elaborate the relationship among them.Firstly,it distinguishes the meaning of "Three Divisions".There are two "Three Divisions" in Tang Dynasty,namely,the "Three Divisions" consisting of the Ministry of Punishment,Dali Temple and Royal Historic Station,and the "Three Divisions" consisting of Zhishi,Zhongshushe and Royal History.The former.It can be ascertained that the "three legal divisions" became a fixed system after Yonghui,although the latter was changed from a fixed administrative organ to a temporary one,the basic pattern of prison system has not changed greatly.At the same time,the relationship between the three divisions has become clear.For major cases,the Dali Temple is responsible for trial,while the Ting Lieutenant is responsible for part of the cases(imprisonment,abortion or more)tried by the Dali Temple.While supervising the prison system,Yushitai can also participate in the review and oppose the conviction results of the two.The three magistrates cooperate and restrict each other.The second chapter is to discuss the relationship between Shangshutai and Tingwei.Shangshu and Tingwei came into being when Emperor Chengdi of Han Dynasty divided the books into Cao.Before that,Shangshu was mostly the institution responsible for documents and had no direct influence on Tingwei.The turning point of the relationship between Shangshu and Tingwei was the breakdown of the system of Shangshu and the accomplishment of Zhuqing during the Jin Dynasty.Before that,Shangshu and Tingwei participated together.In the Northern Wei Dynasty,the case of Tingwei was checked by Shangshu.In addition,there were also problems of provincial integration between Shangshutai and Jiusi.Finally,in the Sui Dynasty,Shangshu Province integrated the part in charge of the Ministry of Punishment,which was specially managed by the Ministry of Punishment.At this time,the relationship between Shangshu and Tingwei was closer to the upstream and downstream effect of the Tang Dynasty.The third chapter is to discuss the relationship between Yushitai,Shangshutai and Dali Temple.First of all,the relationship between the imperial historic platform and the monk’s bookstore is mainly the relationship between the monk’s bookstore and the imperial historic platform,and the acquisition of the right of the imperial historic minister to rectify the monk’s bookstore.Shangshu Zuo-cheng had no supervisory power at the beginning of his establishment.He was only supervised in Shangshu’s desk when he got the supervisory power.He began to supervise the imperial officials in the Jin Dynasty.However,as a full-time supervisory institution,Premier Yu Shizhong had no right to supervise Shangshu before Jin Dynasty.When Fu Xian was a school lieutenant,he expanded the supervisory objects so that Shangshu became the supervisory objects.Before that,they mostly cooperated in miscellaneous examinations.Regarding the relationship between Royal History and Tingwei,they were both responsible for cases in the Han Dynasty.Royal History was responsible for collecting and then handing over to Tingwei for trial and conviction.In the Wei and Jin Dynasties,the division of labor was clear.Royal History played its supervisory function.First,the prisoners were impeached,then arrested and finally handed over to Tingwei for trial and conviction.Impeachment of Royal History is based on a comprehensive understanding of the crimes committed by prisoners.After being handed over to the Ting Wei,the Impeachment charges of Royal History need to be reviewed.Until the Northern Qi Dynasty,the contradiction between them intensified and the phenomenon of "Taizhuang Temple" appeared,but this contradiction has a long history.In the Northern Wei Dynasty,imperial history could check cases,but it was basically the model of the Tang Dynasty to be reviewed by the Tingwei,but at this time,the judicial jurisdiction of the imperial prime minister was not obtained.Chapter four is about the formation of the three legal divisions system.It mainly lists the emperor,the prime minister’s long history,the chief minister and the school lieutenant.First of all,the ruler with the highest judicial power,the emperor will try in person,and his subjective will or policy can directly change the results of the three-law system of prison;secondly,the prime minister’s subordinates,who have the supervisory power,can also participate in the trial of major cases;in addition,the supervisory power of the headmaster and the full-time supervision of the Royal Historic Station has both division of labor and contradiction.But it is precisely because of these factors that the system of the three legal divisions has been constantly improved,making it an important part of the history of ancient Chinese judicial system,and become the blueprint of the judicial system of later generations.