The "Human Trafficking" Legal Regulation And Judicial Realities In The Tang Dynasty

The issue of the sale of human beings has been a problem of governance for rulers throughout the ages.The sale of people for profit was often associated with crime.The Wei,Jin and Northern Dynasties were divided for a long time and were not unified until the Sui Dynasty,but the Sui Dynasty was established in a relatively short period,and it was the Tang Dynasty that showed a unified pattern of national strength,economic prosperity,and political clarity.The economic and political prosperity did not mean the stability of social security,and its population trade was frequent and typical."Tang Law" demonstrates the progress of its legal system and has universal value based on the summary of the experience of the previous dynasties.This thesis studies the issue of the sale of human beings in the Tang Dynasty from both historical and legal history perspectives,and the text includes the following four parts:In the first two parts,we start from the legal articles.First,the legislation on the sale of human beings before the Tang Dynasty is sorted out.Secondly,based on the Tang Laws and Regulations,we will classify and organize the laws and regulations on human trafficking,including those that punish the perpetrators,those that punish the buyers,and how to deal with the crime of human trafficking in the state of "attempt",the special victims "trafficking between relatives",and the special perpetrators "officials".The five categories are: "trafficking between relatives" and "official" crimes.Part Ⅲ explores the judicial reality of the law of sale of human beingsd during the Tang Dynasty.First,it focuses on how the slave girl trading market was avoided by procedural design,which was not common justice but can be seen as a benign application of the law on the sale of human beings.Second,attention is paid to whether judicial officials complied with the law in practice.The discussion of how sellers were cheated in the sale contract and how to obtain remedies is analyzed f how the law and justice interacted well.Again,the non-benign application of the law on the sale of human beings is sorted out through the edicts of the emperor,as shown by the fact that the law in some areas is like a void.Finally,we explore the situation where officials,as law enforcement agents,know the law and violate it.Part Ⅳ explores the reasons for the difficulty of prohibiting the sale of human beings during the Tang Dynasty.The reasons are divided into two categories: internal causes,i.e.,the social basis that led to the persistence of the problem of plundering,including social vices and the use of human beings as collateral.The external causes include the occurrence of natural disasters and the establishment of trade routes.This thesis takes the logic of the law of human trafficking and its judicial reality in the Tang Dynasty as the main body,and discusses the reasons why it was difficult to prohibit it,in an attempt to paint a full picture of human trafficking in the Tang Dynasty and promote further understanding of the types of crimes in the legal history of the Tang Dynasty.