Research On Revenge Of Consanguinity And Judicature In Tang Dynasty

During the period of feudal dynasties in China,revenge as a means of private relief,it threatened the normal operation of national law to a certain extent,thereby endangering the feudal regime.Therefore,after the national justice gradually emerged and perfected,the rationality of revenge gradually weakened in judicial practice,But,paradoxically,the Chinese dynasties did not legislate to restrict revenge.At the same time,the Confucian school's respect for the ethics of filial piety encourages the occurrence of revenge behavior in a certain sense,and then intensifies the conflict between etiquette and law to deal with revenge in judicial practice.This article focuses on the following three parts: The first part,kin vengeance in ritual law.By analyzing the laws and regulations of kin vengeance in the dynasties before the Tang Dynasty,it is recognized that the rulers of the dynasties in China have legislative intent to prohibit vengeance,but they are not absolutely forbidden in punishment.On this basis,we analyze the legal provisions on "revenge" in "The Law of the Tang Dynasty",and then realizes that although the Tang Dynasty did not explicitly prohibit revenge,it can be found in the scattered regulations that the ruler actually has revenge Intention to impose restrictions.The second part is an analysis of revenge cases in Tang Dynasty.Based on the conflict between courtesy and law,a specific analysis is made on specific cases,and an attempt is made to summarize the causes of vengeance during this period.Through the analysis of the previous legislative attitudes and practices related to revenge,this paper explores the reasons that led to the "contradictions between etiquette and law" in the revenge judgement of the Tang Dynasty.The third part is the enlightenment meaning of blood vengeance culture in Tang Dynasty.Based on the previous research,this paper summarizes the value of Tang Dynasty's revenge culture from five perspectives: revenge containment,benign judicial operation,judicial assistance to victims of criminal cases,grassroots rural justice,and private relief.