Welcome to Francis Academic Press

Academic Journal of Humanities & Social Sciences, 2020, 3(7); doi: 10.25236/AJHSS.2020.030703.

A legal historical study on surrender system: Investigations from Tang Code to modern criminal law

Author(s)

Lu Sun

Corresponding Author:
Lu Sun
Affiliation(s)
Southwest University of Political Science & Law, 401120, China

Abstract

Surrender system is an important penalty measurement of criminal law. In China, with its long-standing history, surrender system is indispensable to criminal law history.The research about surrender system is ongoing and has profound historical origins.Surrender system has experienced a long historical evolution from its emergence to maturity. The legal historical study on surrender system has great significance to understand and improve the investigation on surrender system in modern criminal law.

Keywords

surrender system, Tang Code, Japanese Ritsuryo, legal historical study

Cite This Paper

Lu Sun. A legal historical study on surrender system: Investigations from Tang Code to modern criminal law. Academic Journal of Humanities & Social Sciences (2020) Vol. 3, Issue 7: 20-31. https://doi.org/10.25236/AJHSS.2020.030703.

References

[1] James Legge, THE SHE KING the Books of Chow (The Chinese Classic Translated), Liaoning People’s Publishing House, 2014, p101-108.
[2] Zhangsun Wuji, Tang Code, ZHONGHUA Book Company, 1983, p101.
[3] Zhangsun Wuji, Tang Code, ZHONGHUA Book Company, 1983, p441.
[4] The Ten Abominations: a list of offenses under traditional Chinese law which were regarded as the most abhorrent, and which threatened the well-being of civilized society, and the first three were capital offenses.
[5] Zeng Daiwei.eds, History of Chinese legal system, Law Press China, 2012, p121-123. Commercial Press, 2010,
[6] Zhangsun Wuji, Tang Code, ZHONGHUA Book Company, 1983, p101-106.
[7] Article 38 in Ming Li of the Tang Code said: “诸犯罪共亡, 轻罪能捕重罪首, (重者应死, 杀而首者, 亦同。)”. See: Zhangsun Wuji, Tang Code, ZHONGHUA Book Company, 1983, p106-108.
[8] Zhangsun Wuji, Tang Code, ZHONGHUA Book Company, 1983, p109.
[9] The Five Punishments in Imperial China: During the Western Han dynasty, tattooing and amputation were abolished as punishments and in subsequent dynasties, the five punishments underwent further modification. By the Sui dynasty and Tang Dynasty, the five punishments had attained the basic form.
[10] 主典( zhu dian ): refers to the officials in the central and local governments of the Tang Dynasty, who is responsible for the investigation and production of the official documents and detects the mistakes of the above behaviors of the assistant to the chief local official.
[11] Inoue mitsusada, Ritsuryo, Iwanami Shoten, 1977, 45-51.
[12] Criminal Law of the People's Republic of China, China Legal Publishing House, 2019.