Open Tang Dynasty Law
June 09, 2021 08:54 Source: "China Social Sciences" June 9, 2021, No. 2183, author

Ancient Chinese law is not always in a closed state,Instead,The law of the Tang Dynasty is one of them。The Tang Dynasty has introduced foreign laws,It is used by myself; foreign countries have also introduced laws in the Tang Dynasty,Imitation for myself。The laws of the Tang Dynasty circular in the introduction with foreign laws,and communicate with foreign laws,They together constitute an important chapter in the Chinese Law Department。

First,The law introduced in the Tang Dynasty in the Tang Dynasty、Order、grid、Display in the formula。Taking Tang Law as an example。Tang Lu's nameplate and other stories,I have introduced the content of foreign laws。Tang Lu's name is about principles。where,"Hua Foreigner's Mein" is required to apply foreign laws in the Tang Dynasty。This article stipulates: "The self -prisoners of all ages,Each depending on the traditional law;,Legal theory。"The provisions of this article uses humanism and territory,Different responses to crimes between foreigners in the same country and different foreign countries, respectively,That is, the former applies to the law of the country,The latter is applicable to the law of the Tang Dynasty。This "Discussion" also explained the law。"‘ outer people ’,The country of Fanyi,Uncle Lingjun,Each has its own customs,Different system。It has similar self -prisoners,Must ask the system of the country,Break of its original law。Alien crimes,Ruo Gaoli and Baiji criminals and the like,All national laws,Disciplinary punishment name。"" "Foreigners" regulations, Bet365 lotto review "Outsiders self -prisoners,The "Book of Volkswagen Law" in the Topo Law,is the foreign law。The Tang Dynasty should use foreign law to judge the "self -crime" foreigners,The prerequisite is to apply foreign laws in the Tang Dynasty。

Except Tang Law's name article,There are also some introduced foreign laws in other articles in Tang law,The most prominent thing is the "no death penalty before the beginning of the autumn equinox after the beginning of the spring" in the jailpiece。This article stipulates: "After Zhu Lichun,Autumn equinox person who decided to death before,A year of apprentice。When the committed age is not waiting,If the decision is decided in the broken moon and the ban on the sun,Sixty of each stick。"The" discussion "of this law also explained this specifically:",It is the first month、May、September。"From the regulations of the Tang Dynasty, we can see: First,"Broken Moon" is a standard legal term,And its origins from foreign Buddhist regulations,Not the local law of the Tang Dynasty。2,"Broken Moon" has a clear time period,That is the first month of the year、May and September three months,Not in other months。third,"Broken Moon" was introduced into the "autumn and winter execution" system in China,It has enriched the connotation of this system。Visible,The provisions of the "Disglement Moon" in foreign Buddhism have become part of the Tang law "autumn and winter execution" system。

Next,Some neighboring countries in the Tang Dynasty (including Japan、North Korea、Vietnam, etc.) also introduced the law of the Tang Dynasty to varying degrees。First,The law introduced in the Tang Dynasty in Japan。Introduction to the Tang Dynasty's law,And the country that introduces the law of the Tang Dynasty in East Asian countries bet365 Play online games is relatively successful。According to the "Japanese National Chronicle · Criminal Law 1" record,Emperor Xiaode (645-654) laws formulated in the law "also use five punishments,Don't have eight abuse,Six discussions and other bar。probably the same as Tang law "。"Near Jiang Ling" is taken from Tang Ling,It is "the initial law of Japan,That is, the first time that Chinese law directly affects in Japan "。Later,It is out of control。For example,"Dabao Lord" has a very important position in the history of ancient Japanese legal system,Japanese scholars believe that it is "a model of Japanese feudal legislation"。But,This category is a copy of "Eye Innochor",It is also the result of introducing the law of the Tang Dynasty。Its feature、Criminal name、The crimes and the legal punishment are consistent with the Tang Dynasty's "The Law of Yong Hui",Not many places for innovation。Japanese scholar Ishida Torrai believes: "The Big Board Order is based on the" Yonghui Law "。"Japan introduced the law of the Tang Dynasty,Change the original backwardness of the law,greatly improved the legal level of Japan。Japanese scholar Dashu Xiunan and others in the book "History of Japanese Legal System" thinks,The mother law of Japan's "Dabao Order" and "Law of Pension" was the Tang law of the highest theoretical level in the world at that time,Japan benefited a lot from the open Tang Dynasty law。

Second,Goryeo (Korean ancient name)、Annan (ancient name of Vietnam) has also been introduced in the Tang Dynasty law。The neighbor of the Korean Peninsula in China,Convenient for cultural exchanges,Become a state of communication of the Chinese Law Department。This creates a good cultural foundation for the introduction of the law of the Tang bet365 live casino games Dynasty。"Goryeo History · Criminal Law" records: "Goryeo's generation,Most of the imitation of Tang,As for the Criminal Law "Tang Law",It should be used when you should use it。"" "Facts。After comparing "Gaolica" with Tang Lu, you can find it,"Gao Lilu" has a large number of Tang laws' content,It's just that the content of "Gauliko" is relatively simple。For example,"The Forbidden", "Professional System" and "Thief" of "Gauliko" only 4、14、6,and Tang law is more complicated,33 respectively、59、54 items。Even so,Compared to the law of North Korea in the past,Its legislative level has also improved significantly。Annan is also closely related to the Tang Dynasty relations,Many Annan people and Han bloodlines。Annan also introduced the law of the Tang Dynasty,Especially in Li Taizu、Chen Taizong and Li Taizu period。At that time,Annan's law is based on the law of the Tang Dynasty,As in "The Charter of the Cultural Charter · Criminal Law": "Observe the old system of the Tang and Song dynasties,But between its wide and brief,Sometimes consider。"Due to the huge influence of the law of the Song Dynasty itself,"Song Criminal Tong" is the replica of Tang law,So,The law of Annan this period is called "the era of imitation of the" Tang Law "" is very appropriate。Many of the contents of Tang law are reflected in Annan's laws,Send two crimes above、Surprove、Trivial crime、Penalties of Old and Weakened Waste、Means and other crimes are all this is like this。

third,East Asian countries introduced the laws of the Tang Dynasty to promote the formation of the Chinese Law Department。The Tang Dynasty was a dynasty formed by the Chinese Law Department,Representative Code is Tang Law。The mother country of the Chinese bet365 best casino games law department is China,Member State has North Korea、Japan、Vietnam and other East Asian countries。The Chinese Law Department is widely recognized by the world,American scholar John H.wigmore's "Overview of the World Law" is specifically introduced by one chapter to introduce the Chinese Law Department。Japanese scholar Sui Chenzhong regards the Chinese Law Department as one of the five major laws in the world,and Britain and the United States、Mainland、India、Islamic Formation side by side。The formation of the Chinese Law Department has a direct relationship with the introduction of the Tang Dynasty law,It is also the result of openness and introduction。

Last,Reasons for the reason,The opening of the law of the Tang Dynasty benefited from the economy of the Tang Dynasty、Culture and other aspects of openness。One aspect,Economic Open。China's natural geographical environment is very special,Around the sea、Gobi、Desert、Plateau、Dashan。Such a natural geographical environment is not conducive to interaction with the outside world,Open is hindered。But,Increased productivity level,The ability of people to conquer the natural geographical environment is improved,This obstacles will be gradually broken。The Han Dynasty Zhang Jian made envoys in the Western Regions,Opening the Silk Road leading to the Western Regions is like this,To the Tang Dynasty,communication with foreign countries is even more frequent。The scale of the Silk Road on the Tang Dynasty is not small,Economic and trade is very prosperous。Land Silk Road crossed Gobi Beach、On the Nanyang Islands、Amu River,Sold the product to West Asia、North Asia and Europe。The Maritime Silk Road is also operating,On the Nanyang Islands、Persian bet365 best casino games Bay、The port of Aden Bay,Frequent Chinese merchant ships。Tang Dynasty Changan、Luoyang、Yangzhou、Guangzhou and other cities gathered in businessmen from countries along the Silk Road all year round。where,Tang Dynasty、medicinal materials、Fast、Porcelain、lacquerware、silk fabric、Paper and other products are sold abroad,At the same time, foreign corals、Pearl、Gem、Glassware、White stacking、Persian brocade、medicinal materials、Sloods and other products are sold to the Tang Dynasty。Some countries in East Asia are also in countries along the Silk Road。This open economic prosperity development,Make Chinese and foreign parties benefit from it。The open Tang Dynasty economy will have some problems that have not appeared in the past,These problems require laws to regulate。

On the other hand,Open culture。This includes astronomy in natural sciences、Geography、Medicine、Printing, etc.,also includes philosophy in philosophy and social sciences、Religious、History、Study、Literature、Art, etc.。Some of them are foreign cultures absorbed and introduced by the Tang Dynasty,Buddhist culture is this。The Buddhist translation and Buddhist theoretical research in the Tang Dynasty is particularly prominent。This is first inseparable from Xuan Zang's scriptures and translations。Compared with the past,The Buddhist scriptures of the Tang Dynasty not only have a large number,and high quality。The translation of the Buddhist scriptures directly promotes the in -depth research and localization of Buddhist theory,As a result, a new Buddhist sect in the Tang Dynasty appeared,That is the Fa Xiangzong and Hua Yanzong。The open side of the culture of the Tang Dynasty has the bet365 live casino games side of foreign culture input,There is also the side of the cultural output of the Tang Dynasty。Take the output of various rituals to Japan from the Tang Dynasty as an example,In the eyes of Japanese scholars,The second half of the Nara period in Japan to the beginning of the Ping An era,Japanese ritual "Gradually Tanghua"。This Tanghua ceremony is of great significance,It is considered to be Japan's "gradually get rid of the original unknown,More civilized "。The output of the ritual of the Tang Dynasty is mainly through the Tang ambassador of the Tang Dynasty in Japan、Bringing this ritual to be realized。

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