Research On The Manslaughter In The Tang Code

Manslaughter is a crime in the Tang Code.It generally refers to those unintentional and unforeseen homicides committed by perpetrators.Compared with other homicide charges in the Tang Code,the subjective evil character of manslaughter is lower.In ancient China,the system of manslaughter gradually evolved after a long period of evolution.Legislators first considered the subjective motives for the criminal perpetrator,and then distinguished intention and negligence in the general criminal sense,and then distinguished intention and negligence in the sense of homicide.The theory of homicide has gradually improved.It is generally believed that the subjective psychological attitude of manslaughter includes careless negligence,cognition errors of facts and incidents of innocence in modern criminal law theory.This thesis believes that the subjective psychological attitude of the perpetrator of manslaughter also includes the negligence of overconfidence.In addition,after comparing manslaughter with other homicide charges,this thesis finds that manslaughter and several other types of homicide have certain differences in the number of criminal subjects,subjective psychological state,and crime plot.Then these homicide charges are very different in subjective evil character,social harm,and legislative concerns,which also determine the difference in conviction and sentencing for manslaughter.The guilt is different,then the penalty is different.This reflects the accuracy and meticulousness of the legislation at that time.Manslaughter has three characteristics: identity affects the sentence,the form of crime is complex,the punishment is less severe,and the penalty method is diversified.As the essence of traditional homicide,manslaughter has certain enlightening value to the legislation of contemporary criminal law and criminal procedure law.Contemporary law can absorb the legal wisdom in manslaughter and it is suggested to start from four aspects.Firstly,pay due attention to the humanities such as tempering justice with mercy,and care for the old and kind to the young embodied in manslaughter.Secondly,add other type of liability to the legislation of personal injury cases as a reference for judicial personnel when convicting and sentencing,so as to more accurately determine the penalty appropriate to the criminal behavior.Thirdly,lower the sentencing standards for the first-level statutory sentence for the crime of negligently causing death,and apply fines and probation to offenders who meet the second-level sentencing standards for the crime of negligently causing death.Fourthly,the death compensation should be established in incidental civil action,and the compensation standards should be unified to safeguard social fairness and justice.