Abstract
“Tong-Dian of Law” (《通典‧刑法典》) included eight articles, which were written and composed in a fashion as the mode of History of Criminal Law. In“Tong-Dian of Law”, Du-You (杜佑) listed ancient legal systems, norms, and other special legal cases, commenting on substantial historical data, so that the entire department of criminal code presented a clear and legally logical framework. Looking at the writing system of “Tong-Dian of Law”, we could know Du-You’s conception and ideal for the legal order and history. First, Du-You used the concept of “institutions” (典), because“Tong-Dian” had the characteristics of running through ancient and modern concerning laws or institutions, in order to form his personal opinion. Moreover, he established the juristical development of the Tang Dynasty, as well as provided an ideal blueprint. For law, Du-You emphasized using and governing, in order to achieve the goal of stable social order by enlightenment. Second, most of Du-You’s efforts were made about the discussions on the context of criminal system, He paid attention to the legal continuity, in order to construct the Tang Dynasty inheriting the orthodoxy of preceding dynasties. Finally, concerning the legal thought of Du-You, he opposed corporal punishment or strict laws, but emphasized the light punishment (刑輕) and the simple law (法簡). For Du-You, his ideal legal order is the light punishment, simple law, harmony, and no litigation of society.
Keywords
Du-You、Tong-Dian of Law、the ideal society of Tang Dynasty、the legal order、the light punishment、the simple law
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