당률의 중국 철학적 토대와 현대적 의미

Abstract

The Characteristic of Chinese philosophy was achieved on Chou Dynasty early. Those was combined Ha Dynasty’s agricultural cultural attribute and Eun Dynasty’s nomad culture. Chinese philosophy is being empirical, inducted and social realized realistic characteristic. Chinaman thought nature of the model of perfect value in the world. They were thought that society get into the best harmonic states when everything being consists according to principle of nature. Therefor, chinese Philosopher have consistently searched for solution in principle of nature. Chinaman would try to regain the justice of state power, the ideology of law, the principle of justice in logos of nature. The Tanglü shuyi(唐律疏議) is code of laws that such rule philosophy is verified during the years and consists as being improved. It is evaluated from history of Northeast Asia to the most superior code of laws. The Tanglushuyi(唐律疏議) contains as well as Nulla poena sine lege of criminal law such as educational punishment and each kind criminal Dogmatik principles, treatment about criminal responsibility of criminal suspect and responsibility reduction ect. These principles are not abstract product that consist through theoretical reason like criminal law of West Europe of course. Because view of western law premise abstract person who is rational and do logical estimate. State power is proxy of temporary power that born by peoples’ mutual agreement. Also, people take the state power of violence tyrant. The Tanglu is having feature that is verified through actuality experience thoroughly and is pursued and is comprehensible and is established and is observed and require within extent that realization is possible. Therefore, my work to meticulously research of the Tanglu, doing function during the past years in tradition society, is very relevant work. It is the very significant matter to reconsider modern legal system institute.