Research On The State Compensation System Of Tang Dynasty

There was no legal term of "state compensation" in the Tang Dynasty.Strictly speaking,there was no "state compensation system" in Comments on Laws of Tang Empire.However,from the perspective of modern administrative law,there really exists some legal regulations that belong to the modern state compensation in Comments on Laws of Tang Empire.In the regulations on the determination of "people commiting crime and fugitives" if it is found that the original sentence is too light,it should be supplemented and punished,and conversely,if the original sentence is too heavy,it should be compensated.In the regulations of sentence not in accordance with the actual judgment,if a criminal committed a serious crime,he or she must be severely punished.If a criminal has committed a minor crime,he or she will be given a lighter punishment.The existence of state compensation is of great significance to alleviate the class contradictions.Through the study of the state compensation system in the Tang Dynasty,it could be understood that the characteristics of the Chinese legal system,to provide historical data for the contemporary state compensation system.Based on this,this thesis carries out a study on the state compensation system in the Tang Dynasty.There exists specific contents in the system of state compensation,and its implementation has the corresponding legal basis.The state compensation system of the Tang Dynasty mainly origins from its law,code,order and other legal forms.From the provisions of law,code and order,the contents of the state compensation system are composed of three parts: type,the organ liable for compensation;as well as the claimant for compensation,and compensation means.In the classification of the state compensation system of the Tang Dynasty,the author divides the state compensation from different aspects,including the state compensation produced by the negligently misjudgement,the state compensation by the intentional erroneous judgement,and the state compensation by the improper administrative measures.When it comes to the representative state compensation judgment,this thesis will make a concrete analysis on it,combining with the Tang law.In the part of the subject and object of the state compensation system in the Tang Dynasty,the thesis makes a concrete analysis on the obligor and the requester in the state compensation system,combining with the official position and class situation in the Tang Dynasty.As for the implementation of the state compensation method,the thesis divides it into two types from the modern perspective,which is the material compensation and the spiritual comfort.The material compensation contains the contents of the barter,and the tax deducted of military service.The spiritual comfort contains punishment for officials,and etc.The emergence of a system inevitably reflects the social appearance of an era,and the emergence of the state compensation system in the Tang Dynasty must have a certain social basis.Although the state compensation system has not been well implemented in the Tang Dynasty,it can still be a reference for China to improve the related legislation.