How does the Tang Dynasty literati view animal -related legal issues
February 23, 2024 11:05 Source: "China Social Sciences", February 23, 2024, Issue 2838 Author: Gaolihong

"Animal Protection Law" has always been regarded as the exotic product after the rise of modern Western animal ethics,In fact, ancient my country had already bred "Heaven and Man", "Deze Beasts and Beasts" and other animal ethical thoughts,"Tang Law Shu" also determined the legal system of animal protection based on animal husbandry animals。Interesting is,People in the Tang Dynasty need to make "Details",That is the official designed virtual situation "case discussions"。The judgment involves life,The "Birds and Beast Gate" in "Wenyuan Yinghua" currently stayed today,Avilled legal issues involving animal -related laws,Not only civil disputes, but also administrative cases,Comprehensive inspection of its "grammar" ability,Need them to play the imagination in a timely manner for "legal discovery"。

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How do people think about killing animal problems? "Bird and Beast Gate" has a "Shooting Cow",A common people Hou Ming wants to protect their own cattle and shoot wolf,But she was accidentally hit the cow,How should it be? The talent who made a judgment replied: "Because it is,Peter Barbing,Jiang Ya Jue Drum Knife,庖。Hou Mingxiang 闾 贱,Jia Yongfu,Chang Chuan Ning Qi Zhi Jing,Method of Jiu Xi Gao Tang。"" The method of Gao Tang "here refers to Article 203 of the Tang Law Discussion:",Apprentice one year and a half。Stubing heavy and killing livestock products,If the wounded,calculate price reduction,Study theory,Reduced the price at each compensation; those who do not reduce the price,笞 30。Its mistakes kill、Injury,Don't sit,But the price is reduced。Master suicide horse、Bulls,A year of apprentice。"" Discussing and interpretation Bet365 app download of error killing is ",Unwilling to the heart ",The author believes that the practice of the farmer Hou Ming is to protect the cow,Therefore, it should be judged lightly。

"Shooting Bull Judgment" is also "simple question type",Just answer according to the law。"Discounted Types" involved the problem of conflict between law and ritual and religion。"Judging the Cow for the Father" said when the young man named Han Xiao accompanied his father to take a walk,Because the passing cattle is only stunned,Han Xiao slaughtered Niu only for the sake of Niu Chong's hitting his father。The judge said in a gentleman: "The rules of the name of the name of the name of the name,Also Shen Zhuangyong Festival,Price Bandit Dead Fair,There is a pleasant family with straight,庶,With the table from the light codes。"He advocates dialectical view,Han Xiao is worth a prize in courtesy,However, in order to obey the law, it shall also be disconnected according to Article 204 of the "Tang Law Discussion".,Discount compensation cows。The poet Yuan Yan's "Father's Cattle Cattle Judgment" is also included in it,The case of the judgment is: someone suicated a cow in order to pray for God for the sick father,Different judgments appeared during the case of disconnection at the two levels of the state and county,The county level believes that the filial piety is constantly crime,The first level of the state believes that the crime should be given,The stance of the latter of Yuanzhang Station expressed support。

"Dragon Sweeping" not only surpasses the species,also has higher requirements for the law of the applicant of the instructions。There is only one sentence of the question "Ding takes the dragon to do the industry,B notification ",The judge adopted a similar way of deduction,Acknowledge the status of the dragon from "Dragon and Smart",Then "dogs don't kill、Horse Horse Horse "category to give full -time dragon slaughter needs to" use the rope ",Expansion of Bet365 app download the scope of the Tang law "The Private Horse Niu" entry of the Tang law to "Dragon"。The author also passed "Qian Zheliang Rules、Future Delivery Training Supplements Supplementary Research,shows the "Tang Law Discussion" and habits of the official law source、Tradition、References of informal sources such as concept。

On the problem of killing animals,In addition to the full explanation of Tang Lu,It also shows the sympathy of animals。For example, in the "Birds and Beast Judgment", the opening pointed out: "Selfish and dolphin,Renzan grasswood。Put the King of Chu,Not blame to make it; shock Liang Jun's geese,Is it a traveler? "

  Legal liability for breeding animal infringement

The Civil Code specifically stipulates the "Responsibility for Raising Animal Damage",Breeding animals to hurt people、Infringement in the Tang Dynasty is not rare。"Dog hurts people with cards" involves the problem of dog injury,Its judgment entitled: "Guijia family raising dogs and hurting people B,Officials ask for compensation。"This involves Article 207 of the Tang Law Discussion:" The productions of the livestock and the dogs have a mesome,and the bondage is not as good as the method,If a rabies do not kill,笞 Forty;,Too loses。If the person is killed, those who kill people,Fighting and killing first。"" combined with discussion,The breeding animal causes personal injury,Two corners with angle resistance,Stumbles on the rope on the foot,Two ears if you bite people,collectively referred to as the "Label Best"。This article also stipulates,Dogs if you have already bonded this method,The owner is not a intentional letting the injury.。"Dog injured people have a card" judgment is also made by Yuanzhang,He believes that the dog owner has already on the bid for the dog,Pedestrians are bitten by themselves,Therefore, we should not get compensation。The original text is: "There is a card,Pedestrian accidental。Animal dogs are not tame,Surgery of bet365 live casino games hurting,There is a bid to touch,Requirement is not。Book of Bark,Ning forgotten the way of caution。Gui Fei Dog,B?,Fang Yu self -lost from the whole body,Blind San is greedy for goods,There is a card and Mo Shen,If you want to invite Geng,No logo or injury if it is added。Symptoms can be drafted,What to complain about? "

For such problems,Bai Juyi also leaves "Cow to Judge",The case is more complicated: the cattle breeding of A hit the horse of B and cause the horse to die,B requires A compensation; while A advocates cattle、The behavior of Ma Chong happened on the barrel,Require only half of the discount of horses,and B dissatisfied with this。Development of animal husbandry in the Tang Dynasty,Animals and animal husbandry animals are difficult to avoid each other when they are grazing,Therefore, Article 206 of the Tang Law Discussion specifically stipulates that stepping on each other between cattle and horses、Acknowledgment only needs to be compensated for half。The focus of the controversy in this case lies in the subjective state of A,Ruojia is intentional,It should be dealt with for the crime of killing,One sentence in prison for one year and a half。Bai Juyi believes that it is necessary to distinguish the intentional and negligence。At that time, there were many lives such as Niu Ma,The scale of the event is large,"The amount of valley is driven together,or the appearance of Fengyi "。A、B although I have not fulfilled their own animals,But "Love is not because of vertical,Reason Mistake "。As long as it is not intentional indulgence,All are reasonable to accommodate。Therefore,It can be treated according to the rhythm,That is, the half price of the loss of B compensation B is appropriate。

Another type of animal infringement case is animal damage。"Exorcist of the Callete Garden" is said to say that B drives the calf and tramples the ugly pastoral,and the calf is detained ugly,B complaints of ugly robbery bet365 Play online games calves。But Article 204 of the Tang Law Discussion only stipulates that the livestock produces after destroying others' property,The host will kill it on the spot,Third -class treatment with intentional killing livestock production,For the judgment, the person who answered the creative and applicable law。Anonymous author's answering argument logic is rigorous: B drives calves to trample on Tian Miao should bear compensation,But ugly and seize the cow,Although there is a cause of things,But ugliness should also be crime。B Crime,You should only need to compensate the price of seedlings;,The crime of participating in the law,But it did not kill the cattle and horse,There is a cause of something,Pencing torture should be reduced。

  Digo issues related to national institutions related to animals

The above cases examine the civil disputes about animals between the people,and "not to bury dogs" and "sacrifice judgment" involved issues of national institutions' performances。

"Not Burting Dog Judgment" is about many dead dogs outside Jingzhaifu City,The supervisory department complained that Jingzhao Mansion did not land in time,Jing Zhaofu refuses to bury the dog with the special time season "Meng Chunzhiyue", which is currently not belonging to the "Book of Rites · Month"。The responsibilities of the bone in the bone of the bone are reflection of benevolence,The author first explained that this situation is not a trivial matter,It has affected road traffic and urban operation,Therefore, the agent of the Division of the Division: "Filial and Dripping Road,Changwenfa。"" But if you do not follow the buried bone time stipulated by etiquette and education,Then there is the meaning of losing Confucianism、Zhou Gongli,The author believes that "walking",The ritual landfill should be fed in the fedry according to Zhou Li。When the judgment directly reflects the time when the law is conflict and the ritual conflict,Tang Dynasty literary groups are mostly polite,bet365 live casino games In their opinion, the Fa is to regulate the officials and the people,Li is a higher -dimensional pursuit goal。

"Sacrifice Judgment" is said to be responsible for breeding "big sacrifice" special animals to perform duties in accordance with the law,Lead the animal thin。"Tang Law Discussion" Article 200 "Sacrifice Sacrifice and Sacrifice and Resting is not as good as the law" specifically stipulates that "one stick sixty,OnePlus first -class,A hundred sins; so the deceased,Add first "。On the problem of breeding animals,Yuan Zhen also has an article "Raise Chicken Pig",The case is as the local county guard A requesting the people to support sow and chicken,Dan Dan's post believes that it interfere with people's livelihood and oppose。Yuanzhang starts from people's livelihood,Think of "the realistic book,焉 Use his rules ",Jiajun Shou's approach is for people's livelihood,It is worth sure。Dan's objections to the postal also reflected,The official attitude of officials in the Tang Dynasty is more ambiguous for folk animal husbandry animals,Because it believes that breeding animals will be abolished for farming,It may also occur with the situation with farming land。

Overse the twenty -four animals related to the "Wenyuan Yinghua",It can be seen: Animal protection that has caused public discussion today、Animal infringement、Animal management and other legal issues,In the Tang Dynasty, it was not only a kind of social livelihood,Some difficult situations also bring problems applicable to law,often requires justice to discover legal discovery。The relationship between ancient animals and humans is closer today,Especially cow、Horses and other anti -ravioli are important production tools related to people's livelihood,The protection of animal husbandry animals in the Tang Dynasty is an organic combination of functionalism and "pushing".,For wild animals、A moderation of the banning system to maintain the stability of wildlife groups。

Bet365 app download As the "Tang Lugue" begins with the beginning of the article: "The etiquette is the foundation of politics and religion,Penalties are used by politics and religion。"" On -the -spot exam questions to be judged as elected officials,In addition to requesting the candidate to be familiar with the law、Quotation of the scriptures and opposite is outside,Also inspects the coordination of ritual and law conflict,This also confirms the tendency of Confucianism in the Tang Dynasty。but but,Whether it is the protection of the individual of animals or indirect instrumental protection,Animals in the Tang Dynasty showed a moral reflection worth thinking about,The so -called "Darum, dear,Cut the liver and intestine in the beast "。

  (The author is a professor at the School of Law of Zhongnan University of Economics and Law)

Editor in charge: Zhang Jing
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