Tianyi Pavilion's "Tiansheng Order" "No Tang Order" is the time of the Northern Song Dynasty's reference to the Tang Order of the Tang Dynasty,Unexposed Tang Ling entries。Where,"Tian Sheng Ling · Prison Officer Order" does not work Article 9 of the Tang order (hereinafter referred to as "Tang 9") in detail.、Specific measures to restrain all kinds of privileges。The "Tiansheng Ling Note" and "Tiansheng Ling · Prison Officer Order" published in recent years (hereinafter referred to as "Translation Draft") have been collated on Tang 9、Examination Explanation,promoted the understanding of its legal connotation。but but,Tang 9 involved in the system is more complicated,The previous research failed to fully interpret the order article。The following combined with the legal rights of the privilege class of the Tang Dynasty,Further interpretation of Tang 9。
Tang 9 (refer to the "Translation Draft",The punctuation is slightly adjusted according to the meaning of the text) regulations,"Please reduce those who should be reduced,Circulation or above,If it is removed、free、Guan Dang,and lock -up。Gong sitting flow、Private sinners (and non -officials),blame for guarantee right。Its nine grades or more and no official responders,Suret or above,If it is removed、free、Officials,Ban Ban。Public Sinners,Breeding。Do not take off the towel belt,Ding Ding,Listen to the external parameter "。Tang 9 divided the privilege class into two types of prisoners: Bet365 app download "Discussion" qualifications and "nine grades or more and no official should be redeemed"。According to the Eight Sacrifice of the Eight Sacrifice of the Law of the Tang Law and the Example of the Names (hereinafter referred to as the "Law of the Famous Example")、Guan Jue Five Pin or above (please seal) strip、Officials above the seven grades (minus chapters) bar,Discussion、Please、Reduction mainly includes royal members、People with special talents or contributions、Officials above the seven grades,and the family members of some officials。
For the discussion、Please、Eligible person,Tang 9 stipulates the "crime above,If it is removed、free、Official Dang "and" Public Siter、Private Sinners (and Non -Officials) "two cases of treatment measures。Among them, "above" includes death in the five punishments、Streaming two types of punishment。"Except" and "Demolstation" refers,The three are punishment measures for those who have official jones in addition to the five punishments in the Tang Dynasty。"Official Dang" is a privilege for officials with officials who officers。Tang 9 regulations have discussion、Please、Dispostering of Qualifications、Death penalty,or divide、free、At the time of the official,Using a system of locking detention。
"Public sitting flow、Private Sinners (also known as non -officials) "" Public Sites "in the" Public Crime "below for" public crime ",According to Zi He Xiu San Test,The meaning of "public sitting" and "public crime" seen in the law of the Tang Dynasty is basically the same,Meihara Yu also pointed out that although the two can not be equal to the same,But in most cases its meaning is consistent。bet365 live casino games Tang 9 Middle School "Public Siter" and "Private Sinners" side by side,and the last half of the order is recorded in the same background as "public sinner",Therefore, the "public sitting" here means "public crime"。According to the "Law of the Famous Example","Public Crime" refers to officials due to business crimes,It mainly includes crimes such as negligence in administrative and non -subjectivity。"Private Crime" refers to the crime of officials for personal reasons,"Private Crime" refers to the crime of officials for personal reasons。Tang 9 stipulates that the corresponding prisoner "blame the guarantee",Allows the prisoner's bail when questioning。
For "public sitting" and "private sinners",Tang 9 particularly emphasized "and" non -official "。According to the "Law of the Famous Example",When an official violates the flow of public and private、In prison,All should be guilty of officials,That is the job owned by officials、San、Guard、Xun and other official positions。Tang Law Public Crime、The subject of the private crime is officials,As an official violates flow、On the occasion of the prisoner,Should be guilty of Tang Law on the law。This is the case,This article appears an obvious contradictory place,Why does the officials "public sorrows" and "private sinners" in the case of "non -officials"?
To interpret the above contradictions,Must start from the execution method of the Tang Dynasty officials。"Famous Example" officials stipulate that officials with or more officials have committed private crimes,One official can arrive in two years in prison,Crimes offenders can be sentenced to three bet365 live casino games years in prison;,One official can reach one year in prison,Crimes offenders can reach two years in prison。When the officials are committed to punishment,No matter sin, it is converted as four years in prison for crime。
In actual execution,There will also be situations that do not execute officials。The Law of the Famous Examples is not provided as the official as an apprentice: ",The sin is light and the official,Retain of officials;,Rampy sin。(Discussion: There are more than five or more officials,Two years of private sitting,Example minus one -class,is ‘the crime is light and the official,Retain of officials 'redeemed'。There are few officials who are not sinners,There are eight officials,Sitting privately for a year and a half,One year with an official as an apprentice,Silver Silver Silver Silver and the like)。"is stipulated that in the case where the number of years in prison is more than the criminal sentence,You can maintain the original official position,Delivery with copper with copper。The above -mentioned cases of discussion are examples,Two years when a five -grade official is imprisoned for private criminals,According to the privilege of "Please",Settlement first,That is to sentence the prison for one year and a half。and be based on the official bar,One of the officials from officials above the five grades or above can be sentenced to two years in prison,Therefore, the situation of "the crime is light and the official" appeared。In this case,No official should be ",Delivery by redemption of copper,As a result, the result of "non -official",Refer to the regulations of Tang 9 shall be allowed to be released on bail。
bet365 best casino games In the actual judicial process,Discussion、Please、Prisoners who have reduced qualifications can also be treated with accumulated sentences,That is "accumulation"。According to the "Famous Example", please subtract the bar,Sitting、Surprove、Lost it、Public sitting and other occasions,Prisoners will get a commutation,and can be discussed、Please、Settlement reduction combined with execution。For example,Two and a half years of a public crime in a certain six -product official,Due to the privilege of "reduction", the privilege can be reduced,That is the sentence of two years in prison。Under the condition of public crime,Six -Pin officials, one official as an apprentice for two years,Therefore, you can use an official as an official。According to Tang 9,During the imprisonment, we should wear a lock for the official。but but,If the sixth officials surrendered in advance,You can be reduced according to "Self -Self -Self -Self -Self -reduced",It should be sentenced to one year and a half in prison。As a result, the situation of "being an official with an official" when the official is "inconsistent with officials"。So the executive officer should be the same (non -official),The official retains official position,Copper atonement。Such a,Tang 9 regulations allow the official to bail the bail。
The above discussion of the regulations of the first half of the Tang Dynasty。Compared with this,Tang 9 of the Tang Dynasty "Nine Pin or more and no official redemption",Depending on the Law of the Famous Example, please reduce (redemption chapter),refers Bet365 lotto review to eight、Jiupin officials,and grandparents with "reduced" qualifications、Parents、Wife and descendants。Tang 9 stipulates that the above two types of sinners are above the prisoners,or divide、free、Under the circumstances of the official,Take it with。other,In the case of "public sinner",A "dispersion" for its prisoners,is during the imprisonment,Do not wear any torture。It is not difficult to speculate with the previous article,The "public sinner" here also refers to the situation of "non -official"。Because,The subject of the crime is official,and the "public sinner" should be guilty of officials。Of course, the "public sinner" of "non -official" here is also based on "being an official with an official"。
This article sorts out the imprisonment system of the Tang Dynasty's privileged classes in this article,Special investigations of the specific situation of punishment such as "public sitting" and "private sinners" under the conditions of "non -officials"。According to the "Law of the Famous Example"、Regulations of being an incompetent as an official,Officials are committing flow、On the occasion of the prisoner,Should be guilty of officials,But the number of years of imprisonment against the official office is more than the year in prison (when the official is incompetent),You can retain official positions to be guilty of redemption for copper,From this forming "non -official" "public sitting" and "private sinners" and other situations。Through the above discussion,It can be seen that the 9th and privileges have a commutation with the privileged class、Guan Dang、Redemption and other rights is closely related,bet365 Play online games During the specific execution process,Tang 9 must combine multiple Tang rules,Correct the final execution standard。
(Author Unit: School of Social Development, Nanjing Normal University)
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