Answer: (1) Wude Law, Wude Order and Wude Style in Wude Period.
(2) Zhenguan law, Zhenguan order and Zhenguan style in Zhenguan period.
(3) Yonghui Law and Yonghui Law in Yonghui Period.
(4) Kaiyuan Law and Six Codes of the Great Tang Dynasty in the Kaiyuan Period.
(5) The general category of criminal law in the mass period.
Q: The legal form of the Tang Dynasty.
A: There are four types: law, order, case and form. Law, decree, form and form complement each other, forming a complete legal system in the Tang Dynasty.
Law is criminal law, which is equivalent to modern criminal code;
Laws and regulations are about the national system and basic system;
Case is the administrative regulations on which all departments of state organs act in their daily work;
Type B is the official document procedure of state organs.
Q: On the structure of Tang Law.
A: (1) Law. That is, the legal provisions, 12, 502.
(2) discussion. That is, the interpretation of the law, 30 volumes.
(3) question and answer. The author uses the way of question and answer to further explain the parts of the law that may be in doubt.
(4) pay attention. The author's interpretation of the law is abstract, and then it is explained by redemption.
Q: The main contents and historical significance of the Six Classics in the Tang Dynasty.
A: The Six Classics of the Tang Dynasty is divided into chapters according to the current departments and organs in the Tang Dynasty, including clear provisions on the management system, institutions, powers, titles, staffing, examinations and related systems of the central and local governments.
The Six Classics of Tang Dynasty is the earliest and most complete feudal document in China. It is of great significance in the history of China's administrative legislation and has had a far-reaching impact on the compilation of ritual codes in the past dynasties after the Tang Dynasty.
Q: How did the Tang Dynasty develop and improve the imperial examination system?
Answer: (1) Expand the source of candidates. Students and apprentices studying in imperial academy and counties, as well as those who do not study, shall apply by the counties themselves. After passing the examination, the counties will send them to the central towns to pay tribute.
(2) Add examination subjects, mainly including Scholar, Mingjing, Jinshi, Faming, Ziming, Shu Ming, Tao Ju and Boy.
Q: What is the significance of the imperial examination system in the Tang Dynasty?
A: (1) broke the boundary of "family status" since Wei and Jin Dynasties, changed the phenomenon of "top grade without poverty", and created conditions for intellectuals to enter official positions from small and medium-sized cloth landlords;
(2) It is of great significance for the Tang Dynasty to select outstanding talents to enter the political power and promote the prosperity and development of feudal culture.
Q: What was the standard for imperial examination students in the Tang Dynasty?
A: (1) has a magnificent physical appearance; (2) correct words; (3) Regular script is beautiful; (4) Excellent in arts and sciences.
Q: The feudal five punishments system in the Tang Dynasty.
Answer: (1) flogging. Take ten as the first class and divide it into five classes, that is, from ten to fifty.
(2) rod punishment. On a scale of ten, it is divided into five grades, namely 60 to 100.
(3) imprisonment. Sentences are divided into one year, one and a half years, two years, two and a half years, three years and five years.
(4) exile. The mileage is divided into two thousand li, two thousand five hundred li and three thousand li.
(5) the death penalty. Divided into two categories: twisting and splitting.
Q: The types of crimes of managing stolen goods in the Tang Dynasty.
A: (1) Taking bribes to bend the law means that officials are required to accept property to violate the law.
(2) It is not illegal to collect money, which requires officials to collect property, and what they want is not disposed of illegally. In sentencing, it is lighter than accepting money and bending the law.
(3) refers to officials accepting property from subordinates or persons under their jurisdiction.
Question: The way to obtain other real rights stipulated in the Tang Law.
Answer: Besides buying, selling, inheriting and increasing, you can also acquire other real rights:
(1) The acquisition of things in Shan Ye is based on the principle of preemption.
(2) Buried objects, that is, underground buried objects, shall be shared equally with the landlord. If it is an ancient cultural relic, it must be sent to the government, and the government will pay a certain fee.
(3) The relics of the diaphragm should be returned to their original owners.
(4) the drift should be claimed first, and the original should be compensated to the fishermen; If no one claims it, the fisherman gains ownership.
(5) The fruits shall be returned to their original owners.
Q: In the Tang Dynasty, marriage was illegal by law.
A: (1) The same surname does not get married; (2) People who are not related by blood should not get married;
(3) It is forbidden to marry women who run away from home; (4) It is forbidden for prison officials to marry female prisoners within their jurisdiction;
(5) it is forbidden to marry a good person; (6) Don't get married rashly, if you intentionally conceal your identity, age, physical condition, etc.
Q: What are the main contents of the "two tax laws"?
Answer: (1) The central government sets the total tax revenue according to the fiscal expenditure, and all localities collect it from local households according to the amount allocated by the central government;
(2) Indigenous households and customers are included in the current household registration of counties, and the household registration is determined according to the size and property;
(3) The two taxes are collected in summer and autumn;
(4) Tenancy system, in which all miscellaneous taxes and miscellaneous taxes are abolished, but quotas are not abolished;
(5) the two taxes are paid by households and the millet is paid by fields;
(6) Businessmen who have no fixed residence shall pay taxes at one thirtieth of their income in this county.
Q: The central judicial organs in the Tang Dynasty.
A: The central judicial organs are Dali Temple, Ministry of Punishment and Yushitai.
Dali Temple is the highest judicial organ in the central government, which is responsible for hearing criminal cases committed by officials of the central government and apprentices in Beijing, as well as suspected death penalty cases transferred by local authorities.
As the central judicial administrative organ, the Ministry of Punishment is responsible for examining cases tried by Dali Temple and counties. If suspicious cases are found, the original trial organ will be ordered to retry or change the sentence, and the death penalty case will be transferred to Dali Temple for retrial.
Yushitai is the highest supervisory organ of the central government, responsible for supervising the judicial activities of Dali Temple and the Ministry of Punishment, and also participating in the trial of some cases.
Q: The organization of Yushitai in the Tang Dynasty.
Answer: (1) Taiwan Province Institute. Participate in the trial of Dali Temple and hear cases handed over by the emperor.
(2) the temple, palm picket palace officials illegal disrespectful things.
(3) Chayuan is the emperor's local eyes and ears.
Q: The principles of criminal law in the Tang Dynasty.
Answer: (1) Reduce or exempt the punishment for crimes committed by the old, the young, the disabled and the deaf.
(2) surrender to reduce punishment.
(3) The guilt of cohabitation is implicit.
(4) the difference between * * * is the first.
(5) Two or more persons commit crimes, and several crimes shall be punished concurrently.
(6) This article is different from the examples.
(7) There are no correct rules for judging crimes.
(8) Turn outsiders into criminals.
Q: The titles of the twelve chapters of the Tang Law.
A: The first Law of Names and Examples; Article 2 "Prohibition Order Law"; Chapter III "Legal Professional System"; The fourth Family Marriage Law; The fifth book "the method of stable storage"; The sixth article "Good at Promoting Law"; Article 7 "The Law of Thieves"; Chapter 8 "Law of Litigation"; Article 9 "Fraudulent laws"; Article 10 miscellaneous laws; Eleventh "the law of catching death"; Article 12 Prison Break Law.
Q: The guiding ideology of legislation in the early Tang Dynasty.
Answer: (1) both ceremony and punishment. Li Shimin, Emperor Taizong, summed up the positive and negative experiences and lessons in history. On the basis of the debate between Wei Zhi and Feng Deyi, he actively promoted the policy of taking education as religion and taking punishment as supplement. The law of Zhen Guan presided over by him regards the combination of ceremony and punishment as one of the legislative guiding ideology. Li Zhi, Emperor Gaozong, inherited "moral courtesy" as the basis of political education, and punishment only protects the legacy of "moral courtesy".
(2) The law is simple. The simplicity of the law means that the terms are concise and easy to understand. The rulers of the Tang Dynasty believed that one of the reasons for the demise of the Sui Dynasty was that the French king was too close, so the rulers of the Tang Dynasty put forward the legislative guiding principle of "simple and easy to follow, and the laws and regulations were sparse without leaking".
(3) Combining leniency with severity. The so-called leniency means advocating the use of light punishment, and the so-called cautious punishment means taking a cautious attitude towards criminals. Taking the demise of the Sui Dynasty as a mirror, the rulers of the Tang Dynasty adopted the legislative guiding ideology of combining leniency with severity for the purpose of long-term stability. Under the guidance of this thought, the law of Zhenguan is the lightest code of similar crimes in feudal society.
Q: The content of Tang Law Theory.
A: The first Law of Famous Examples is equivalent to the general principles of modern criminal law, which mainly stipulates the penalty system and basic principles;
The second chapter, the Law on Guarding the Forbidden City, mainly protects the personal safety, national sovereignty and border security of the emperor.
The third chapter, the law of professional system, is mainly about the establishment, appointment, responsibility and punishment of corrupt officials. The fourth chapter "Family Marriage Law" is mainly about household registration, land, taxation, marriage and family, so as to ensure the national tax source and safeguard the feudal marriage and family relationship;
Article 5 The Law on Stables and Stores is mainly about the management of raising livestock and storage, and protects official property from infringement.
The sixth Law of Prosperity is mainly about the recruitment of soldiers, the mobilization of troops, the duties of generals, the supply of military supplies, illegal buildings and the collection of corvees. To ensure that the military power is in the hands of the emperor, control the levy of labor, and ease social contradictions;
The seventh "Law on Thieves and Bandits" mainly focuses on severely suppressing and deliberately overthrowing the feudal regime, cracking down on other serious crimes and protecting public and private property from infringement;
The eighth chapter, the Law of Fighting Litigation, mainly punishes fighting Europe and maintains the feudal litigation system.
Article 9 The Law on Fraud and Falsification is mainly about cracking down on criminal acts of fraudulent insurance and maintaining feudal social order.
Article 10 "Miscellaneous Law", which does not belong to other "specific provisions", is stipulated here;
Chapter 11 of the Arrest and Death Penalty Law is mainly about the pursuit of fugitives and soldiers, the escape of prisoners and servants, so as to ensure the recruitment of national military service and corvees and social security;
Article 12 The Prison Break Law is mainly about trial, judgment, execution and prison management.
Q: What were the legal privileges of protecting aristocratic officials and their relatives in the Tang Dynasty?
A: (1) There are eight motions. It means that eight kinds of people can enjoy the privilege of "discussion" in addition to committing "ten evils". These eight kinds of people talk about relatives, reasons, talents, abilities, merits, nobles, diligence and guests. These eight kinds of people who commit capital crimes cannot be directly tried by judicial organs. They must first summon the emperor for their crimes and meet the conditions of "discussion", then the ministers get together to discuss, and finally the emperor makes a ruling.
(2) Please, the punishment is mitigated through the petition procedure. The inviter's restrictions are stricter than those who enjoy the "discussion".
(3) Commutation of sentence means that grandparents, parents, brothers, sisters, wives and descendants of people with titles of seven or more can enjoy the preferential treatment of commutation of sentence one level if they commit the crime of vagrancy.
(4) Redemption refers to the officials who should be elected, invited or reduced to Grade 9 or above, and the grandparents, parents, wives and descendants of those who should be "reduced" commit the following crimes of exile and enjoy the preferential treatment of copper redemption.
(5) Official position means that officials can use official goods and titles to offset the punishment of imprisonment and exile.
(6) Exemption from official position means that an official with official rank has committed a crime of conduct and mitigated punishment by exempting from official position.
Q: Please describe the "ten evils".
A: "Ten evils" are the ten most serious crimes stipulated by feudal laws represented by Sui and Tang Dynasties. The heinous person, hell to pay, shall not enjoy preferential measures such as discussion, invitation and reduction.
One is rebellion in an attempt to overthrow the rule of the Tang Dynasty and seize the throne.
Second, it is a premeditated act of destroying ancestral temples and palaces.
Third, treason and defection.
Fourth, evil disobedience refers to beating and killing respected relatives.
Five words say no, criminals are cruel and violate the right path of being a man.
Sixth, disrespect violated the dignity of the emperor.
Seventh, unfilial, a serious violation of filial piety.
Eight is discord, that is, mutual aggression between relatives.
Nine, the injustice of non-blood relationship, according to the name should abide by morality, but was abandoned.
Ten is civil strife, family disorder and interpersonal disorder.
Q: The main features of Tang Law.
Answer: (1) The style is complete and the structure is rigorous.
The perfection of the style means that a Tang law almost covers all aspects of social life at that time, thus making it a typical feudal code.
The rigorous results are mainly reflected in the relationship between the law of famous examples and other provisions, as well as the mutual care between the provisions, especially the order of the provisions, which reflects the legislators' priorities in adjusting various social relations by using the law. Throughout the arrangement of laws in the Tang Dynasty, the structure is rigorous, which reflects that the legislative technology in the Tang Dynasty has reached a quite mature stage.
(2) The punishment is even.
First of all, the principal punishment is one crime and one punishment, not several punishments for one crime.
Secondly, the methods of executing the death penalty in the Tang Dynasty were less than those in previous dynasties, mostly referring to strangulation and beheading.
Thirdly, the principle of penalty addition and subtraction is lighter.
Finally, establish a service flow to replace those criminals who can be killed or not.
Q: On the historical position of Tang Law.
Answer: (1) The Law of the Tang Dynasty institutionalized and legalized the legal thoughts and effective legislative and judicial experiences since the Qin and Han Dynasties, and became a complete and representative feudal code.
(2) The law of the Tang Dynasty not only played an important role in the formation of the feudal legal order in the Tang Dynasty, but also ensured the economic recovery and political stability, and was in an important historical position in the development history of the feudal legal system.
(3) The laws of the Tang Dynasty also played an important exemplary role in the feudal legislation of many Asian countries. Korea's Koryo law and Japan's Dabao law are based on the Tang law.
(4) As a typical representative of the Chinese legal system, the law of the Tang Dynasty once shone brilliantly in ancient times and also occupied an important position in the history of world legal development.