唐代家庭犯罪研究

发布时间：2018-06-05 20:58

本文选题：唐代 + 家庭犯罪　；参考：《曲阜师范大学》2008年硕士论文

【摘要】： 家庭犯罪是家庭矛盾的激烈表现,给家庭生活带来很大影响。深入研究家庭犯罪,可以了解家庭成员之间的矛盾,有利于全面把握家庭的发展。同时,对认识古代社会也有重要意义。研究唐代家庭犯罪,不能不提及《唐律疏议》。它不仅是我国古代法典的集大成,而且是礼与法的完美融合,它的突出特点就是“一准乎礼”。这主要体现在罪名设立、犯罪处罚上。本文对家庭犯罪从历史学角度进行研究,考察了家庭犯罪的发生、处理等环节,对犯罪的处罚进行比较表明在缺少程序法的古代,法律执行的宽与严、刑罚裁量的松与紧差别很大。同时,家庭犯罪的处罚表现出独特的特点,也表明唐代高超的立法技术。全文分为四个部分进行论述: 第一部分,定义家庭犯罪,界定研究的范围,回顾目前学界的研究现状,说明研究该课题的方法、意义、基本思路及创新点。第二部分,论述了唐代家庭。家庭成员是家庭犯罪的主体,研究唐代家庭犯罪要明确当时家庭的组成人员。这部分论述了唐代家庭的结构状况和家庭组成的人员,以及学界相关研究成果。第三部分,分析了家庭暴力犯罪。家庭暴力犯罪是家庭犯罪中危害最大的,它的特点是带有暴力,给家庭成员造成人身与精神的伤害。这类犯罪所见资料中以尊卑相犯为主,同辈之间相犯的较少。唐律对家庭暴力犯罪的处罚就体现出礼的要求,以服制为区分,服制近,尊欺卑的处罚轻,卑犯尊的处罚则十分严厉;服制远,尊欺卑相对严厉,卑犯尊的相对减轻。第四部分,探讨了家庭非暴力犯罪。这一部分又分为三个小部分,一是家长独负责任。古代宗法制下,家长是家庭的管理者,因此对一些违法行为要负全责。二是违反礼法。以礼入律后,违礼就是违法,这也体现出唐律“一准乎礼”的特点。三是财产犯罪,这是卑幼所犯。古代家长是家庭财产的支配者,卑幼不能私自动用家庭财产,否则就是违法。通过以上四个部分的论述,本文论证了唐代家庭犯罪的产生、处理原则、执行情况,阐明了唐代家庭犯罪的处理特点。
[Abstract]:Family crime is a violent manifestation of family conflicts, which has a great impact on family life. Further study on family crime can understand the contradiction between family members and help to grasp the development of family. At the same time, the understanding of ancient society is also of great significance. To study family crime in the Tang Dynasty, one cannot fail to mention the Tang Law. It is not only a collection of ancient codes of law, but also a perfect fusion of ritual and law. This mainly manifests in the crime establishment, the crime punishment. This paper studies family crime from a historical point of view, investigates the occurrence and treatment of family crime, and compares the punishment of crime. It shows that in the ancient times, when the procedural law was lacking, the enforcement of the law was broad and strict. The loose and tight penalty discretion is very different. At the same time, the punishment of family crime shows unique characteristics, and also shows the superb legislative skills of the Tang Dynasty. The thesis is divided into four parts: The first part is to define family crime, to define the scope of research, to review the current situation of academic research, to explain the research methods, significance, basic ideas and innovative points. The second part discusses the Tang Dynasty family. Family member is the subject of family crime. This part discusses the structure of the Tang family and family composition of the personnel, as well as academic research results. The third part analyzes the crime of domestic violence. The crime of domestic violence is the most harmful in family crime, which is characterized by violence, which causes personal and mental harm to family members. In this kind of crime, most of them are committed in the form of superiority, and less among their peers. The punishment of the crime of domestic violence in Tang Law reflects the requirement of propriety. It is distinguished by the system of service, the punishment of respect for bullying is light, and the penalty for abasement is very severe, and the punishment for the system of service is far away, which is relatively severe, and the punishment for abject offense is relatively mitigated. The fourth part, discusses the domestic non-violent crime. This part is divided into three small parts, one is the responsibility of parents alone. Under the ancient patriarchal system, parents were the managers of the family, so they were fully responsible for some illegal acts. Second, violation of the etiquette law. It is illegal to violate the law after entering the law with ceremony, which also reflects the characteristics of the law of the Tang Dynasty. Third, property crime, this is a juvenile crime. Parents were the dominators of family property in ancient times. Through the discussion of the above four parts, this paper demonstrates the emergence, treatment principle and implementation of the family crime in the Tang Dynasty, and expounds the characteristics of the treatment of the family crime in the Tang Dynasty.
【学位授予单位】：曲阜师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：K242;D929

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