宋代 茶法의 處罰規定과 그 變化

Abstract

The illegal acts began to be punished according to the beginning of tea taxation and monopoly. The punishment regulations of the monopoly such as alcohol and salt were related to each other. On the hand, the punishment regulation of the legal code of tea was related to alcohol and salt, on the other hand there are also independent regulations. At the time when the Song dynasty was unified, punishment provisions also had a basic framework. The Rules for the Punishment of the legal code of tea in the Song dynasty originated from the regulation of smuggling in the Tang dynasty. In the early days of the establishment, it was important to secure the volume of the tea in accordance with the implementation of the tea monopoly. Therefore, strict punishment was made. This reflected the willingness of the state to implement policies. In the case of Tae-Ping Hung-gook(太平興國, 976~983), the punishment clause seems to have been eased by the elimination of the death penalty clause. However, in reality, detailed enforcement provisions were completed. At this time the fact was that the volume of the crackdown was greatly increased compared to that of the early founding period. Illegal activities were difficult to crack down on strict controls. The object of the crackdown was expanded from tea distributed by illegal activities to tea trees, followed by tea seeds and seedlings. In the Southern Song dynasty, the prisoner was sentenced to death again. The regulation and punishment of the tea was elaborated and the subject expanded, but it could not be the fundamental solution. The enactment of the legal code of tea had the goal of securing central funding from the outset and was the goal of consistent implementation. The occurrence of trafficking was not due to lack of enforcement, but rather to the fact that there was a huge profit depending on the place of sale. Without improving the high-priced sales policy for the sales area, the occurrence of smuggling could not be fundamentally solved.