唐代诬告罪研究

发布时间：2019-01-21 11:32

【摘要】：诬告罪随着国家的产生而产生,它是一种利用国家权力宣泄私怨的犯罪,所以诬告罪的惩治得到了历朝历代统治者们的重视。它不仅侵犯了他人的人身权利,同时也对统治者所确立的司法秩序带来了极大的破坏,因此,诬告罪惩治的律文在各朝代中都处于重要的地位。早在西周时期,就有了惩罚诬告犯罪的案件记载,秦代时就确立了诬告反坐的法律原则。此后,这项法律原则一直被历代承袭,在相当长的一段时间内都是解决诬告犯罪的唯一的强制性规定,并且对控制诬告犯罪发挥了莫大的作用。唐律总结前代的立法、司法的实践和经验,以"一准于礼、明法慎刑"为立法的指导思想,在提升立法技术、阐述法律原理等方面都取得了极高的成就,成为中国传统律学的典范和代表。表现在诬告罪惩治中,则是建立了一整套完整而又科学严密的诬告罪律文体系,可操作性强,为司法官吏在司法实践中提供了行之有效的标准。目前,学术界尚未有对唐律诬告罪的专门论述,对唐律诬告罪的研究还显得不足。本文基于此而论。全文共分为四个部分:第一部分首先探索诬告字义字源,并对唐以前诬告罪的惩治分为先秦、秦汉、魏晋南北朝三个时期进行考察。第二部分参照现代刑法犯罪四要件学说,对诬告罪展开论述,分析唐律中对诬告罪的规定。第三个部分考察唐代诬告罪惩治的司法实践,由于武周时期统治者特殊的社会环境和政策,故分为武周时期和其他时期加以论述。第四部分尝试对唐律诬告罪做出评析。
[Abstract]:The crime of falsehood comes into being with the emergence of the country, it is a crime of using state power to vent private grievances, so the punishment of falsehood crime has been attached great importance to by the rulers of successive dynasties. It not only infringed upon the personal rights of others, but also caused great damage to the judicial order established by the rulers. Therefore, the law of falsehood and punishment was in an important position in every dynasty. As early as the Western Zhou Dynasty, there were cases of punishment for false accusation, Qin Dynasty established the legal principle of false accusation. Since then, this legal principle has been inherited by successive dynasties, in a long period of time is the only mandatory provision to solve the crime of false accusation, and has played a great role in controlling the crime of false accusation. Tang law summarized the legislation of the previous generation, judicial practice and experience, taking the guiding ideology of the legislation, such as "the first rule of ceremony, Ming law careful punishment" as the guiding ideology, has made great achievements in improving the legislative technology and expounding the legal principle, and so on. To become the model and representative of Chinese traditional law. In the punishment of falsehood accusation, a complete set of scientific and strict legal system of falsehood accusation is established, which has strong operability and provides an effective standard for judicial officials in judicial practice. At present, there is no special discussion on the crime of falsehood in the academia, and the research on the crime of falsehood of the law of Tang Dynasty is still insufficient. This paper is based on this. The full text is divided into four parts: the first part explores the source of false accusation, and the punishment of the crime of falsehood before Tang Dynasty is divided into three periods: Pre-Qin, Qin and Han, Wei, Jin and Southern and Northern dynasties. The second part, referring to the four elements theory of modern criminal law, discusses the crime of falsehood and analyzes the provisions of the law of Tang Dynasty on the crime of falsehood. The third part investigates the judicial practice of the punishment of false accusation in Tang Dynasty. Because of the special social environment and policy of rulers in Wu-Zhou period, it is divided into Wu-Zhou period and other periods. The fourth part tries to comment on the crime of falsehood of Tang Dynasty.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D929

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