Research on the Justifiable Defense System in the Laws of the Tang Dynasty

Abstract

As the most common deterrent reason for breaking the law, justifiable defense has extremely important social value and significance. Our country's justifiable defense system is often mistaken as a completely imported product. However, this important deterrent reason for illegality has appeared as early as in the ancient history of our country. As the most complete and earliest ancient Chinese legal code preserved, "Tang Law Shuyi" also contains many elements of "justifiable self-defense". The study of the justifiable defense system in the Tang Dynasty can give important reference significance to the justifiable defense system in modern criminal law. According to the constituent elements of justifiable defense, this article focuses on "The Law of Thieves and Robbers", "Law of Fighting Litigation" and "Law of Catching Death", and analyzes the articles that have the essence of justifiable defense.