A Discuss Of The Crime Of Sitting On Stolen Goods Under The Tang Law

"The word "spoils" appeared very frequently in ancient feudal law in China,and has been used since the Qin Dynasty.The Tang dynasty,the pinnacle of China’s ancient feudal dynasties,had an unprecedented degree of legal sophistication that later generations would learn from,creating the ’six crimes of stolen goods’,of which the crime of sitting on stolen goods was one.The offence of sitting on stolen goods has a unique value,which is based on the wisdom of the rulers and the particular context of the times.Firstly,it is necessary to understand the historical origins of the crime of sitting on stolen goods,to understand the formation of the crime of sitting on stolen goods through the combing of the crime of corruption in previous dynasties,to understand the meaning of the crime of sitting on stolen goods by taking the meaning of the words as the starting point,to understand the meaning of the crime of sitting on stolen goods in conjunction with its specific meaning and function in the Tang law,to further study the elements of the crime of sitting on stolen goods by using the modern theory of the elements of crime in criminal law,to explore the general law of the crime of sitting on stolen goods,and then The study of the crime of "sitting on stolen goods"is a further study of its subject matter,object and other constituent elements,using modern criminal law theory to explore the general law of the crime of "sitting on stolen goods" and thus discover the deeper connotations of the crime of "sitting on stolen goods" and its special nature.Secondly,the study of ancient crimes should not only be limited to the law itself,but also to the contents of the relevant historical materials,which should play a crucial role.The fact that the punishment for the crime of receiving stolen goods in the Tang dynasty was almost always not in accordance with the provisions of the Tang law,and that the so-called misdemeanours were limited to the letter of the law,and that those who actually committed the crime of receiving stolen goods were mostly sentenced to heavy penalties,shows that there was a serious derailment between the judicial practice and legislation of the crime of receiving stolen goods in the Tang dynasty,which highlights the special nature of the ’catch-all surplus’ underwriting crime of receiving stolen goods,and The reason for this is that the emperor had supreme judicial power under the feudal autocracy,and the offence of receiving stolen goods was easily ’used’ by the emperor because of the vagueness of the provisions,and the need for the emperor to maintain his own ruling power in the particular context of the times,which led to a number of problems in the application of the law.The author concludes with an evaluation of the offence of theft and its effects,and a study of the strengths and weaknesses of the offence of theft and the progressive nature of the offence of theft,with a view to promoting the rule of law in our modern society and making the law more comprehensive in its application.