The Tang Dynasty was the peak period of ancient Chinese judicial development，Although there is no "legitimate defense" legal expression，But as an affirmation of self -relief of individual self -efforts，Tang Luzhong already has a relatively complete and clear regulations。Proper defense is equivalent to the "emergency behavior" at that time。For "emergency behavior"，"Tang Lugue" is divided into three cases，In the "Two -phase Fighting Injury Theory Rus" bar、"Entering others for no reason" and "grandparents fighting" stipulates the defense of their own interests when they are threatened by their own interests、Defense and grandparents at night、Defense of the interests of parents。

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"Tang Law Shujue · Fighting Litigation" "Two -phase Assault Injury Theory Rus" stipulates: "，Each with weight，Two arguments as the law;，Two -class (to the dead，No reduction)。"Discussing part of the explanation:" B does not commit A，Then refuse to fight，Then refuse to fight，B is right，Twenty -class crime reduction，Heya 20。B kills the armor due to fighting，This crime is not dead，Never reduce death。"" "，B being beaten for no reason，The party belonging to the best，In this case, if you resist，You can reduce the second -class punishment according to this crime，Reduce punishment。What needs to be noted is，There are two conditions that need to be met to reduce the punishment: first，B is not wrong first，belongs to "innocent being beaten" and "rational"，Explain the legitimacy of the reason for defense，Equivalent to modern defense cause，It suffers illegal violations; second，illegal infringement during defense bet365 best casino games has occurred or is undergoing，B belongs to "back start", "then refused to fight"，This is the regulation of defense hours。

"To the Dead" refers to the death of A，It is not applicable to punishment for minus punishment，Criminal liability for intentional homicide according to the law。This provision is equivalent to modern defense，Different is，The principle of the punishment of modern defense should be reduced or exempted from punishment。Discussing the explanation of this is the highest punishment of this crime and injury does not constitute a death penalty，If the death of A due to B is beaten，It is beyond the original intention of protecting its own rights，A subjective maliciousness of B showed a，In this case, the punishment should not be reduced。It can be seen from this regulation，In the case of mutual fight，Tang Lu fully considers the subjective malicious and objective performance of the perpetrator during the conviction，Affirmed the behavior of the actor to protect his rights and interests under emergency situation，But I will not let the actor unlimited defense，Excessive defense。

　　Unlimited defense when the homeland is infringed at night

"Tang Lugue Discussion · Thieves" "Entering others for no reason" stipulates: "Entering others for no reason，笞 Forty。The owner is the time to kill，Don't discuss。If you know that non -invasion and kill those who are killed，Fighting and killing the second class。It has been killed and killed by the restraint，Each with fighting kill theory，To the deceased to merge flow。"" Discussing: Entering others for no reason，Learning method: Day leakage is night，Night omissions are day。No accident at night，Entering others，笞 Forty。Family，Inside the home house。Ascend to enter，Those who were killed by the master，Don't discuss。If you know non -invasion，It is known to know its obsession，or due to drunk，bet365 Play online games and Old、Bet365 lotto review Small、disease，and Women，Can't invade。and the killer，Fighting and killing the second class。

This can be seen，Defense of entering others for no reason，Need to meet the following conditions。

First，The time of justified defense is "Night"。"Tang Lugue" also made a clear definition for the night，"Dedication method: Day leakage is night，Night omissions are day "，This is also related to the ancient night ban system。Night forbidden is for anti -theft，On the one hand, it is for time，The so -called "sunshine is done，Rate at sunset "。The Tang Dynasty government also implemented a night ban system in order to maintain Changan's social order and citizens' security，The poet of the Tang Dynasty Bai Juyi in the "August 15th Night for Banning，On the poem of Yue Yi Yuan Jiu ", there is a phrase," The cigarettes of the east of the palace palace are cold，The west clock of the bath hall is leaked deep。"The" Clock Leak "is the ancient timing tool。Considering that there is a criminal department at night、Good objective conditions for making money and death，combined with the night ban system at the time，You can understand the background specified by Tang Lu。

2，The location of the right defense is "Home"。"Tang Law Shu" explained to this: "Family，Inside the home courtyard "，This will limit the location of the defense in the space of "home"。Because the furniture has the characteristics of privacy and closedness，Not easy to detect，Compared with public occasions，Have greater social harm，Therefore, this rule of "Tang Lugue" is also very reasonable。

third，The perpetrator has no legitimate reason to enter others，"No reason"。Although there is a good time to commit crimes at night，But not in all cases can perform legitimate defense。"Tang Law Shu" made strict limits for this，That is, the owner must only implement the legitimate defense without Bet365 lotto review knowing the reason for the night.，If "I know it's my fascination，or due to drunk "，Knowing that the other party may do abnormal behavior，It is not applicable to this provision。"Tang Lugue" also imagined a special situation，That is, outsiders and owners have known them，There may be an front gap，The owner knows that outsiders will come to violate，Can you kill it in this case? The answer to this is sure to answer this，"The text of the law and listening to killing，Formation of the Defense。Set the old knowledge of adultery，The law is not allowed，But entering everyone at night，Even the criminals，Even the criminals，Also sinners。If it kills, it will be guilty，I am afraid that it will invade the violence，Ascend to kill，Undoubtedly "。That is，Although the owner knows that the outsider comes to the original committee，But because of the night entering everyone，It is an unexpected violence infringement，Can still implement legitimate defense。

Fourth，Just defense must be timely。The so -called boarding time，According to the explanation of discussion，refers to "boarding at the time"。If it is not ascend to enter，but "I have been detained"，If it is not allowed to kill the damage to its grid。Otherwise，It should also be punished for punishment。About "I have been detained"，Discussing further explanation: "I have been detention，It is said to enter the house at night，Has been captured，Detention and binding，Refusable，Although this crime is heavy，Not killing。If the owner is killed，Each Crime Crime，To the deceased to merge flow。"This shows that Tang Lu has a strict limit on the time of defense，Not allowed to retaliate after the reactions。

Fifth，The actor is harmful。"Tang Law Shu" lists some of his unbroken situations that cannot be violated，That is the actor "fascination，or due to drunk，bet365 Play online games and Old、Bet365 lotto review Small、disease，and Women "。These types of people do not have the actual danger of infringement，Therefore, "Can't invade"。

　Replacement defense when respecting relatives and elders

"Tang Lugue and Duke Litigation" "Grandparent's Assault" stipulates: "Grandpa、Parents are beaten by people，Children will fight，Non -injured person，Don't talk;，Reduced the three -time injury; to the dead，According to the regular law。"Discussing explanation:" Grandparent、Parents are beaten by people，Chiefs and grandchildren to rescue。"" From this provision can be seen，Grandpa、Parents are damaged by others，The rights and grandchildren have the right to implement legitimate defense，But this right is also limited，It cannot cause damage，Cause injuries，To reduce the punishment。

The Tang Dynasty claimed to be "Yi Yi Demon"，"Tang Lugue" is also "a promise"，This provision reflects the distinct Confucian ethics color。"Old Tang Book · Criminal Law" records such a case: Changqing in the second year of Jingzhaoyu, Jingyang County, Zhang Laosang Qian Qian Mi，Kang Xian went to debt，Zhang Lai is unwilling to repay the money，Borrowing wine，Quarrel with Kang Xian and physical conflict，Dispute Zhong Kangxian is almost angry，Kang Xian's son Kang bought only fourteen years old at that time，Seeing his father encounter crisis，Want to rescue the shot，Helpless young weak，Under the rush, use a wooden cricket to hit Zhang to the head，After three days，Zhang Lai death。According to the provisions of the Tang law at the time，Kang bought a young and saved father，Destiny hurts people，Death according to the law。But the Ministry of Criminal Affairs Wairo Sun Ge quoted the theory of "Book of Rites · King" and the righteousness of the original heart of "Spring and Autumn"，Eventually Kang bought the crime of reducing the death of death。As bet365 best casino games a judge，Sun Ge believes that Kang bought the savior of his father is out of filial piety，Not the thugs，Zhang Lai is a moment of heartpiece under the anxiety，It is not intended to do murder。If it is not the emperor's education, there is a square，How can a boy make such filial piety? According to the Confucian classic "King System" and "Spring and Autumn"，Conflict and punishment needs to consider the subjective mentality of the perpetrator，Weighing Love and Law，Sun Ge tried to persuade the emperor to pay off to buy Kang。Sure enough，This request was agreed，The final court ordered: "Kang bought it in childhood，Can know the sub -road，Although killing as dead，Evil for the father。If the family of sinking，Fear of the meaning of the original love，Yifu Fa Division，First of the crime of death。”

From the Tang Dynasty，There is no conflict between law and morality，Morality and reasonable are originally the pursuit of value of the law，This is why you can find such a detailed reason for the "legitimate defense" in the Tang law。Just defense is essentially a self -protection when humans face crisis，This self -protection in the Tang Dynasty is not only about individual，It also extended to relatives。"Tang Law Shu" regulations on "legitimate defense" fully considered the situation of "legitimate defense"、The subjective mentality and objective environment of the parties，It had certain reasonableness in the social environment at that time。Tang people's handling of "legitimate defense" is also a microcosm of the ritual and law of society in the Tang Dynasty。In the Tang Dynasty，Both understanding and the law of the law becomes the normal state of the judge group。Bai Juyi once said: "，Capture the evil with torture，Therefore, people know fear;，So people know shame;，So people return to Chunhe。For the three of them，Not abolished ...，Root bet365 Play online games of the Ritual Tao，Know the door，Keep its root，then Wang Huacheng。"" (see "The Tangwen") from this can be seen，Tang Dynasty judicially adhered to the law and law in the process of development，This is also in line with a summary of the spirit of the Tang law in "Tang Lulu's Discussion · Name": "The etiquette is the foundation of politics and religion，Penalties are used by politics and religion，It is also necessary for Xiaoyang to be in the autumn of Xiaoyang。"No wonder the" Supreme Book Summary of the Book of Siku "commented on the" Tang Lugue "in the" Tang Lu Shu ":"，I thought it would be in the ancient and modern level。”

　(Author Unit: School of Law of the University of Foreign Economics and Trade)