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A Study of Criminal Proceeding Conventions in Tang Dynasty

DOI: 10.1007/978-981-16-3041-5

ISBN: 978-981-16-3040-8

Publisher: Springer Singapore - Springer Journals

Jan 1, 2022

Available

Joint Hearing System

Chen, Xi

Pages: 223 –239

[Joint hearing, a pattern of traditional Chinese trials, can be called Za’an, Zanwen, Zakao or Zali. According to some scholars, joint hearing is a judicial system in which the nobilities, ministers and important criminals who conspire against the state and commit felony are judged by the...
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Discussion

Chen, Xi

Pages: 241 –274

[Judicial assembly discussion was a special adjudication rule in the Tang Dynasty for deciding accurate sentences and punishments to some vital or controversial complex cases by disputes between many governmental officers assembled by the emperor. Based on the analysis of controversial issues and...
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Judicial Review

Chen, Xi

Pages: 275 –295

[The application for judicial review is a system in which superior judicial organs supervise and review subordinate jurisdictions to settle problems and dispel grievances in traditional litigation.]
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Rehabilitation

Chen, Xi

Pages: 297 –316

[Rehabilitation is a kind of judicial remedy measure in ancient China, which is also called Xuemian, Shexue, Lixue or Zhaoxi in ancient books. According to the request of the litigant or the application from related departments, the Central Judiciary will re-examine the case, which has already...
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Flogging

Chen, Xi

Pages: 319 –335

[As a punishment measure widely used by the government and common people, flogging can be traced back to ancient times. In the Sui and Tang dynasties, flogging with a rattan cane, flogging with bludgeon, imprisonment, exile, and death were called the five feudal punishments.]
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Exile with Extra Servitude

Chen, Xi

Pages: 337 –360

[Exile was a severe punishment in ancient China, second only to the death penalty. The application can be traced back to remote ancient times. Shun Dian included the record of “five punishments”. Kong Yingda in the Tang Dynasty said, “For those who were applicable for the death penalty but...
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Long-Term Exile

Chen, Xi

Pages: 361 –387

[Exile, originating from ancient times, was established in the Qin and Han dynasties, and formally formed in the Northern Wei and Northern Zhou dynasties. The Decrees of Kaihuang Reign in the Sui dynasty stipulated three grades for the distance of exile, and Laws of Tang Dynasty established a...
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Commit Suicide by Imperial Order

Chen, Xi

Pages: 389 –419

[Commit suicide by imperial order was an execution method applied for bureaucrats and aristocrats in feudal society. Compared with hanging and beheading execution methods, committing suicide by imperial order in the Tang Dynasty contained complicated rules and contents, followed strict execution...

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