Study On The Legal System Of Animal Slaughter Prohibition In The Tang Dynasty

The Tang Dynasty was the period of maturity and completion of our feudal social system.In response to the object cluster,which bears multiple functions in the life of medieval society,the Tang Dynasty established a mature legal system for animal slaughter on the basis of the predecessor.It is influenced by social reality and the concepts of various religious thought schools,has its own system characteristics,and is inherited by future generations.The study of the legal system in the Tang Dynasty is not new,but the research on the legal system of animals has not been systematically combed.The research on related topics has focused on the animals in the environmental history,the relationship between various schools of thought and animal ethics,and the related issues.The combing of administrative institutions and systems such as Ma Zheng and Yi Chuan.Therefore,from the perspective of the combination of historical data and legal research methods,the legal system of animal slaughter prohibition in the Tang Dynasty has a lot of research value,or it can give today’s animal protection welfare legislation and anti-abuse legislation to discriminate the legal culture.The first chapter traces back to the origin of thought that influenced the legal system of animal ban on slaughter in the Tang Dynasty.Among them,Confucianism,Buddhism and Taoism are the main contents.The Buddhism was respected in the Tang Dynasty,which laid the foundation for animal "care",while Taoism incorporated some elements of non-anthropocentrism,while Confucianism took the tradition of "heaven and man as one" as its main line,Coexist with animals as in the same moral world.The ideas of all three are absorbed by the law and become the source of legal principles and rules.The second chapter analyzes the ban on the slaughter of livestock animals in the ban on the slaughter of the Tang Dynasty.Based on the special official livestock industry of the Tang Dynasty and the use of livestock by the people,the Tang Dynasty established a variety of bans on the slaughter of livestock..Among them,"Tang Law Commentary" stipulates the general ban on slaughtering of cattle and horses and other livestock animals.In addition,according to the purpose of ban on slaughter,there are three bans on farming,ban on health care,and ban on slaughter.Various forms.The third chapter first explores the vertical and horizontal relationship of the development and utilization of wild animal resources in the Tang Dynasty with the "Tugong" system and the distribution of three types of representative wild animals in the Tang Dynasty and their relationship with human activities.of.With regard to this development and utilization relationship,the Tang Dynasty established a ban on hunting in situ and a ban on the protection of ex situs,which combined with each other to form a wild animal ban on slaughter.The fourth chapter takes the social implementation of the animal slaughter ban as the research clue,and analyzes the relevant systems in trials and proposed judgments by combing the official history and notes of the "Quan Tangwen" and "Wenyuanyinghua".At that time,the animal slaughter ban system had matured,and the law enforcement effect was relatively strict in the early Tang Dynasty.However,due to the decline of the central machine and the decree becoming more complicated in the later period,the actual implementation of the law appeared to be inconsistent with the regulations.But at any time,the situation of "breaking the rules by etiquette" always exists.Chapter V draws the conclusion of this article.As an important part of life in medieval society,animals were incorporated into the legal order through various legal forms for reasons such as moral education and consolidation of order.The ultimate purpose of the animal slaughter system It is still upholding class rule in feudal countries.However,it is undeniable that the core of this system has moral care for animals.This may be the traditional legal and cultural connotation embodied in the system,which can provide an abstract and inherited path for solving the dilemma of animal welfare legislation in China today.