Abstract

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Title:: Research on diversity of death penalty exemption cases in Tang Dynasty

Author(s):: YANG Nan-nan; School of Law， Peking University， Beijing 100871， China

Keywords:: Tang Dynasty; death penalty exemption cases; death penalty; five punishments; ideology of benevolence

Abstract:: In order to study the characteristics of death penalty exemption cases in Tang Dynasty, this paper, employing case study and normative research method, analyzed the recorded cases in historical materials, such as New Tang Book and Old Tang Book, and the legal systems related to exemption from death penalty. It is suggested that death penalty exemption cases in Tang Dynasty show the diversity and complexity in verbal expressions, trail procedures, specific verdict reasons and the actual execution results. Besides, the underlying reason for such diversity are “privilege” and the compassion thought of “Qin Xu Wei Huai” in traditional Confucian theory. For the judicators who have the power of taking life, enlightening the people by moral ideas is equally important with highlighting majesty and punishing criminals by harsh punishment.