唐代别籍异财罪研究

发布时间：2018-05-31 22:08

本文选题：唐律 + 别籍异财　；参考：《安徽大学》2012年硕士论文

【摘要】：唐朝处于中国封建社会发展的顶峰,其完备而先进的法律是宋元明清学习借鉴的主要依据,也是日本等国家远渡重洋来华取经的动力,更是今天我们研究中国古代法律的蓝本和传承中华民族璀璨文化的骄傲。《唐律》为现今尚存于中国最完善之一部法典,其内容上承战国《法经》以降诸律,下启宋元明清之制,俨然为中华固有法系之代表作。且流风所及,影响周边东亚诸国法制之发展。纵观中国传统法律,与家庭有关之条文,多半于唐朝完成法制化之历程,且为后世封建社会奠定基础。禁止别籍异财是中国封建社会统治者规范家族财产、维护家族制度、实现国家对家族控制的一项重要举措。在唐朝之前,立法中并未出现类似规定,与之相应的表述是秦朝的“异子之科”,即秦朝通过“商鞅变法”在全国强制推行父子分异,迫使家庭成年之子与父亲分家。直至曹魏时期,正式从法律上废除“异子之科”。但是,从国家立法的层面直接禁止别籍异财的规定首创于唐朝。唐高宗永徽年间,正式颁布《唐律》,严禁亲在别籍异财之家庭情形,并对违犯之人重刑科罪。本文选取了唐朝这一典型封建王朝,以别籍异财为主题,围绕《唐律疏议·户婚律》之“子孙别籍异财条”、“居父母丧生子条”以及《唐律疏议·名例律》之“十恶”条、“免所居官条”等相关律文,在挖掘史料的基础上,结合当代刑法犯罪构成理论对别籍异财罪进行分析和探讨。家是社会的细胞,是国家的基本组成单元,家庭和睦是社会和谐的应有之义,今日之家庭观念与封建社会的家存在天壤之别,但家的背后所折射的文化内涵却是相通的,希望通过本文的撰写,能对当今和谐社会之建构有所启发。
[Abstract]:The Tang Dynasty was at the pinnacle of the development of China's feudal society. Its complete and advanced laws were the main basis for learning and learning from the Song, Yuan, Ming and Qing dynasties, and were also the driving force for Japan and other countries to travel across the oceans to learn from China. It is also the pride of our study of the blueprint of ancient Chinese law and the inheritance of the resplendent culture of the Chinese nation today. "Tang Law" is one of the most perfect codes that still exist in China today. Its content inherits the laws of the warring States and the Ming and Qing dynasties, and begins with the system of Song, Yuan, Ming and Qing dynasties. It is the representative work of the Chinese legal system. And the current wind affects the development of the legal system in the surrounding East Asian countries. Throughout the Chinese traditional law, most of the articles related to the family were completed in the Tang Dynasty, and laid the foundation for later feudal society. It is an important measure for the rulers of Chinese feudal society to regulate the family property, maintain the family system and realize the state control over the family. Prior to the Tang Dynasty, there were no similar provisions in the legislation, and the corresponding expression was the "branch of the different sons" of the Qin Dynasty, that is, the Qin Dynasty enforced the separation of father and son in the whole country through the "Shang Yang Reform", forcing the adult son of the family to separate his family from his father. Until the period of the Cao Wei Dynasty, the law was formally abolished. However, from the level of national legislation, the direct prohibition of exotic wealth was first established in the Tang Dynasty. Tang Gao Zong Yonghui years, officially promulgated "Tang Law", prohibited relatives in the family situation, and the violator of heavy punishment. This paper selects the typical feudal dynasty of the Tang Dynasty, taking the special books and other wealth as the theme, and revolves around the "different wealth rules of the descendants", the "rules for the loss of their parents' lives", and the "ten evil" articles for the "Tang Law of sparing the Law on Hukou Marriage", "the rules for the death of their parents", and the "Ten evils" for "the laws of the Tang Dynasty." On the basis of excavating historical data and combining with the theory of criminal constitution of contemporary criminal law, this paper analyzes and probes into the crime of different kinds of property. Home is the cell of the society and the basic unit of the country. Family harmony is the proper meaning of social harmony. There is a great difference between the family concept today and the home of the feudal society, but the cultural connotations behind it are similar. Hope through the writing of this article, can inspire the construction of a harmonious society today.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929

【参考文献】