Research On The Crime Of Killing And Wounding Between Relatives In Tang And Song Dynasties

The legislation of homicide in Tang and Song dynasties can be summarized as "seven killings",including murder,killing,robbing,fighting,manslaughter,playing and negligent killing.This article studies the legislation thought and the legislative idea of the Tang and Song dynasties by studying the killing cases among relatives in the "broken prison tortoise".Also known as "the broken prison tortoise" is the Southern Song Dynasty scholar Zheng Keundefineds "father and son" in the "five dynasties," and "the father and son" of the Southern Song Dynasty scholar Zheng Ke in the five dynasties.It was revised on the basis of a collection of suspects,There are 67 articles(one thing)in this paper.From Qin and Han dynasties to the five dynasties,Zheng Ke,a scholar of the Southern Song Dynasty,extensively searched for the historical history,jurisprudence,notes,anthologies,works,epitaph,and other documents,and carried out detailed textual research and research,and carried out a detailed textual study on the typical cases from the Qin and Han dynasties to the five dynasties.In addition to the typical events of Tang and Song dynasties,there are more than 200 items(nearly 400 things)in "broken prison tortoise".Therefore,"broken prison tortoise warning" is more complete and comprehensive than "the collection of suspect prisons".A large number of killing and killing cases have been recorded in the "broken prison tortoise",and more than 100 cases are involved in killing and killing acts,occupying a great deal of space.In ancient China,most of the laws are related to the criminal aspects,which determines that the criminal law is more developed in the traditional Chinese legal system.Intentional killing,intentional injury as an important part of the criminal offence,has received greater attention.Although there is no such concept as "intentional killing" and "intentional injury" in ancient Chinese law,there are similar charges in Chinese traditional laws,such as "murder","negligent killing","spoofing" and so on.There are also a large number of special offences in the ancient laws of our country,such as crimes of "conspiracy","murder of three people","exculpatory" and other special acts,and there are also provisions concerning crimes between relatives,such as "murder of grandparents," or "murder of grandparents." Parents and so on,when we study the object of crime,we can clearly find that there is a clear difference between the punishment of crimes between special identities and the killing of ordinary people.Because the perpetrators of different criminal motives have also been punished differently,for example,there are a large number of killings due to affection and money in the "broken prison tortoise",and so on,in the laws of the Tang and Song dynasties,it was stipulated that women had an affair with others.Even if her adulterer kills a woman who is not aware of it,he or she shall be guilty of the same crime as the adulterer.Generally,this difference exists in the result of crime,such as death and non-death.In the aspect of non-death,Chinese traditional criminal law is also divided into two types: injured and uninjured.The different intentions of the Tang and Song periods of the law also made a corresponding distinction.Therefore,the ancient criminal law of our country is very specific to the provisions of the act of killing and killing.Killing and killing is one of the ancient criminal acts.In Tang and Song dynasties,the regulations of this kind of crimes are very comprehensive,both in legislation and in the judicial field are in the leading level in the world.And there are many works and articles on the legislation of killing and injury in ancient China,the main reason is that at that time,the social economy developed,the society prospered and at the same time intensified the social contradictions.As a result,there are a large number of cases of killing and killing in society and the situation is very complicated,which has aroused the attention of officials and rulers at that time.Zheng keundefineds case collection,"broken prison tortoise lessons",was produced in this context.The cases recorded in "broken prison tortoise" reflect the current situation of social development at that time,and have important reference significance for the study of contemporary criminal law and legislative science.