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Research on joint crime in ancient China—From the perspective of Tang Dynasty

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DOI: 10.23977/law.2023.020108 | Downloads: 45 | Views: 666

Author(s)

Xu Feng 1

Affiliation(s)

1 Gansu University of Political Science and Law, Lanzhou, China

Corresponding Author

Xu Feng

ABSTRACT

The essence of joint crime is a special criminal form with complicated theory. Based on its particularity, for thousands of years at home and abroad, continuous in-depth research has been carried out in order to perfect the criminal law system and maintain social order. From the emergence of joint crime in slavery society to the Tang Dynasty, the legislation of joint crime has reached the highest level of legislation of ancient Chinese joint crime system. Tang law focuses on the classification of co-criminals, the distinction of the first accomplice and the punishment, and has achieved considerable results. The legislative ideas produced under the diversified legislative mode of advanced theory, combination of total points and principle plus exception still have important reference value for the development of modern joint crime system. It is necessary to comprehensively analyze the system of joint crime in the Tang Dynasty in combination with the concept of modern criminal law, and recognize the rationality of the legislation of joint crime in the Tang Dynasty in both concept and action, take its essence, give full play to the value function of Chinese excellent law, in order to promote the perfection of the joint crime system.

KEYWORDS

Tang Code, Joint crime, Principal and accessory offenders, Value reference

CITE THIS PAPER

Xu Feng, Research on joint crime in ancient China—From the perspective of Tang Dynasty. Science of Law Journal (2023) Vol. 2: 63-71. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020108.

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