供养有阙之法考论——以《唐律》为中心的考察法律史专业论文.docx

Abstract Maintenance for one is an important part of Chinese traditional legal culture. The origin theory of Maintenance for one is the filial piety of the Confucian thought. filial piety is originated in the early human society, flourished in the three thousand years since the Western Zhou Dynasty, the late spring and autumn dynasty Confucius the system described by a general filial piety, filial piety behavior for the development of the filial piety , and became the important content of Chinese Confucianism ethics, dynasties have the filial piety as an important governing idea. First of all, this paper focuses on the research of the theoretic origins the law of maintenance, on the basis of tracing the origin of the law of maintenance, trying to from the source to understand the law of maintenance for one sequence of events. Focusing on the Han Dynasty and the Northern Wei period of maintenance for one of the content of the law, and try to understand them as the support one of the stage and the stage of development, they exist as the form of maintenance for one system laid the important foundation. Secondly, the law is made to until the Tang Dynasty official formation system, this part mainly in the the law of Tang Dynasty as the center, focused on analysis of the support, there is a concrete expression of lack of maintenance of the law in the Tang Dynasty. Tang on the basis of inheriting the ancient law, the maintenance for one into the category of not filial crime , while the sons of violating decrees clause contained to fight the lawsuit under law, as a civil action, if can supply will be punished by criminal law, this action the maintenance for one into the legal provisions, take the national compelling force to support one’s behavior norms. Since the provision of maintenance” in the history of criminal law is embodied. Thirdly, combining the related theory and the support is historical origin and legislative characteristics of the law. the law of Tan