Interpretation of the legal connotation of Article 9 of the bet365 sign up offer Order in "Tian Sheng Ling·Prison Officer Order"
August 03, 2020 08:26 Source: "Chinese Social Sciences Journal" Issue 1980, August 3, 2020 Author: Liu Kewei

The "bet365 sign up offer Order cannot be followed" found in each chapter of "Tian Sheng Ling" collected in Tianyi Pavilion is when the Northern Song Dynasty compiled "Tian Sheng Ling" with reference to bet365 sign up offer Ling,Unadopted bet365 sign up offer Ling entries。Among them,The "Tian Sheng Ling·Prison Officer's Order" does not work. Article 9 of the bet365 sign up offer Ling (hereinafter referred to as "bet365 sign up offer 9") stipulates incarceration in detail、Specific measures to restrain various privileged classes。bet365 sign up offer 9 has been collated in the "Tian Sheng Ling Translation and Annotation" and the "Tian Sheng Ling·Prison Officer's Order" Translation and Annotation Draft published in recent years (hereinafter referred to as the "Translation and Annotation Draft")、Explanation,Promote understanding of its legal connotations。However,The system involved in bet365 sign up offer 9 is relatively complicated,Previous research failed to fully interpret the decree。The following is combined with the legal rights of the privileged class in the bet365 sign up offer Dynasty,Further research on bet365 sign up offer 9。

Tang 9 (refer to "Translation and Annotation Draft",Punctuation is slightly adjusted according to the meaning of the text) Regulations,"Those who agree to reduce the number,Convict or above,If divided、Free、bet365 sign up offer,and locked。Public seat flow、Private criminals (also called non-officials),Liability insurance participation。Those who are ninth grade or above and have no bet365 sign up offer title to be redeemed,Convict or above,If divided、Free、bet365 sign up offer holder,Shackles。Public criminal,And loose the ban。No need to take off the scarf,Decided,Everyone listens to the external reference”。Tang 9 divided the privileged class into two categories: prisoners with the qualifications of "asking for reduction" and those with "ninth rank or above and no bet365 sign up offer to be redeemed"。According to the Eight Discussions (Proposal) Articles of "Tang Lv Shu Yi Ming Lv Lv" (hereinafter referred to as "Ming Lv Lv")、Article of bet365 sign up offer rank or above (applying for seal)、Article for officials of seventh rank or above (reduction of seal),discuss、Please、minus mainly includes members of the royal family、People with special talents or contributions、Officials of rank seven or above,And some officials’ families, etc.。

 For those who have objections、Please、Those with reduced qualifications,Tang 9 stipulated that "convicts and above",If divided、Free、bet365 sign up offer position" and "public sitting flow、Measures to be dealt with in the two situations of "private criminals (also called non-officials)"。Among them, "above the stream" includes death among the five punishments、Two types of punishment。"Exception" and "exemption" refer to "removal from name" and "removal from bet365 sign up offer position",The three are the punishment measures in the Tang Dynasty for those with bet365 sign up offer titles in addition to the five punishments。"Officialship" is a privilege for officials to use their bet365 sign up offer positions to compensate for their crimes。Tang 9 regulations are controversial、Please、Those with reduced qualifications will be sentenced to exile、Death penalty,or except、Free、On the occasion of becoming an bet365 sign up offer,Adopt the system of lock and detention。

 "public sitting flow、Private criminals (also called non-officials)" see "public sitting", hereafter also referred to as "public crime",According to research by Shiga Shuzo,The meanings of "public sitting" and "public crime" found in the Tang Code are basically the same,Umehara Ikuya pointed out that although the two cannot be unconditionally equated,But in most cases the meaning is the same。In Tang Dynasty 9, "public sitting flow" and "private sinner" are juxtaposed,And the second half of the decree is also recorded as "public criminal" in the same context,Therefore, the author believes that "public sitting" here refers to "public crime"。According to the bet365 sign up offer regulations of "Minglilu",“Public crime” refers to officials committing crimes on bet365 sign up offer business,Mainly includes administrative non-subjective dereliction of duty and other crimes。“Private crime” refers to officials committing crimes for personal reasons,Also includes situations such as bending the law for personal gain。Tang 9 stipulates that the corresponding prisoners "responsibly guarantee the right to participate",That is, allowing the prisoner to be released on bail during interrogation。

For "public criminals" and "private criminals",Tang 9 particularly emphasized that "it is not called those who are not officials"。According to the bet365 sign up offer regulations of "Minglilu",When an bet365 sign up offer commits a public or private offense、While in prison,All crimes should be punished with bet365 sign up offer duties,That is, destroying the positions held by officials、Scattered、伟、Disclosure of bet365 sign up offer positions such as honors。Public Crimes in Tang Code、The targets of private crimes are all officials,When an bet365 sign up offer violates the law、On the occasion of imprisonment,According to Tang law, officials should be used to compensate for crimes。In this way,There is an obvious contradiction in this article,In other words, why do officials appear to be "public servants" and "private criminals" when they are "not in bet365 sign up offer positions"?

To interpret the above contradiction,We must start with the execution method of bet365 sign up offer duties in the Tang Dynasty。The bet365 sign up offer regulations of the "Minglilu" stipulate that officials above the fifth rank commit private crimes,One bet365 sign up offer can be worth two years in prison,Public crimes are punishable by three years’ imprisonment;Sixth to ninth-grade officials commit private crimes,One bet365 sign up offer can be worth one year in prison,Public crimes are punishable by two years’ imprisonment。Officials are being exiled,Regardless of the level of crime, it will be converted into four years’ imprisonment to compensate for the crime。

In actual execution,There will also be cases where the bet365 sign up offer is not executed。The Laws of the Ming Dynasty stipulates that “any bet365 sign up offer serving as a disciple must not serve as an bet365 sign up offer”,The crime is too light to be punished,Retention and redemption;Young officials do not fully commit their crimes,Atonement for remaining sins。,Served as a private prisoner for two years,Example minus one level,That is, ‘the crime is too light to be punished by the bet365 sign up offer’),Leave an bet365 sign up offer for redemption’。Those who do not fully commit their crimes,Fake eighth-grade bet365 sign up offer,Served as a prisoner for one and a half years,Serving as an bet365 sign up offer as an apprentice for one year,Half-year redemption of remaining sins, etc.)。”That is, it stipulates that when the number of years served as an bet365 sign up offer as a disciple is greater than the number of years in prison,Can maintain the original bet365 sign up offer position,Atonement for sins by redeeming copper。Take the cases cited in the above discussion as examples,When a fifth-grade bet365 sign up offer was sentenced to two years as a private criminal,Follow the privilege of "please",Reduced sentence by one degree,That is, he should be sentenced to one and a half years in prison。According to the bet365 sign up offer regulations,For an bet365 sign up offer of the fifth rank or above, a personal offense can be treated as a private crime and sentenced to two years in prison,Therefore, there is a situation where "the crime is light but the bet365 sign up offer is not fulfilled"。In this case,Do not practice bet365 sign up offer duties,To atone for one’s sins by redeeming copper,The result of this is "unofficial",The bet365 sign up offer should be allowed to be released on bail according to the provisions of Tang 9。

In the actual judicial process,With objection、Please、Prisoners with reduced qualifications can also receive cumulative reduced sentences,That is, "accumulation"。According to the "Famous Regulations", there is also a request to reduce the article,Sitting down、surrender、Lost、On occasions such as sitting together in public,The prisoner will receive a reduced sentence,And can negotiate、Please、Reduced sentences combined with execution。For example,A sixth-grade bet365 sign up offer was sentenced to two and a half years for a public crime,Because of the privilege of "reduction", the sentence can be reduced by one level,Immediately sentenced to two years in prison。In case of public crime,Sixth grade bet365 sign up offer, one bet365 sign up offer served as apprentice for two years,So you can serve as an bet365 sign up offer。According to Tang 9,The officer should be placed in a lock while incarcerated。However,If the sixth-grade bet365 sign up offer surrenders in advance,The sentence can be reduced by one level based on "surrender reduction",That is, he should be sentenced to one and a half years in prison。This leads to the situation of "taking the bet365 sign up offer as the disciple without exhaustion" when he is in the bet365 sign up offer position。So I will not perform bet365 sign up offer duties (non-bet365 sign up offer duties),The bet365 sign up offer retains his bet365 sign up offer position,Atonement for sins with copper。In this case,Tang 9 stipulates that the bet365 sign up offer be allowed to be released on bail。

The above discussed the first half of Tang 9’s regulations。As opposed to this,"Those of ninth grade or above and those without bet365 sign up offer positions to be redeemed" in Tang Dynasty 9,Requesting for reduction of the (Redemption of Seal) Article in accordance with the "Name Regulations",Zhiba、Ninth-grade bet365 sign up offer,And grandparents of officers with “reduced” qualifications、Parents、Wife and children。Tang 9 stipulates that the above two types of criminals shall be sentenced to imprisonment or more,or except、Free、When serving as an bet365 sign up offer,Detention with shackles。In addition,In the case of "public criminals",Implement “loose confinement” for its prisoners,That is, in the process of imprisonment,Not wearing any torture devices。It is not difficult to guess based on the previous article,The "public criminal" here also refers to the situation of "non-bet365 sign up offer"。Because,The subjects committing public crimes are officials,And "public criminals" should pay for their crimes with bet365 sign up offer posts。Of course, the "non-bet365 sign up offer" "public criminal" here is also formed based on "the bet365 sign up offer is a disciple"。

This article summarizes the 9 Tang Articles regarding the imprisonment system of the privileged classes in the Tang Dynasty,Specially examined the specific situations of punishments such as "public exile" and "private criminal" under the conditions of "non-bet365 sign up offer status"。According to the bet365 sign up offer regulations of "Minglilu"、The rule of treating an bet365 sign up offer as a disciple is not fulfilled,Officials in exile、On the occasion of imprisonment,The bet365 sign up offer should be used to compensate for the crime,But when the number of years in prison that can be redeemed by serving as an bet365 sign up offer is greater than the number of years in prison that one commits (the years of serving as an bet365 sign up offer as a disciple cannot be exhausted),You can retain your bet365 sign up offer position to redeem your sins with copper,This has resulted in situations such as "non-bet365 sign up offer", "public sitting" and "private criminals"。Through the above discussion,It can be seen that Tang Jiutiao and the commutations owned by the privileged class、bet365 sign up offer、Redemption and other rights are closely related,During the specific execution process,Tang 9 must be combined with multiple Tang laws,Work together to establish the final implementation standards。

(Author’s unit: School of Social Development, Nanjing Normal University)

Editor: Chang Chang
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