Fraud and forgery in T'ang law The 25th Chapter of the T ang-LÜ shu-i * ; Betrug und Fälschung im T'ang-Recht Das 25. Kapitel des T ang-lü shu-i *

Abstract

the following comments do not intend to take account of the previous foreclosure of the form and function of the law in the chinese Empire 18, or even the relevancy of Chinese law tradition for understanding the present. in Ba i, the 42 articles do not exist. An exegsis, as recently required by Seidel in relation to Chapter 26 of Article 1d, is also not sought here. After preliminary remarks on the Ent tehung de T'ang-G etzbu-che and its system of penalties, a reproduction of the structure in Chapter 25 and a content from the point of view of today's very criminal law, it is more important to draw attention to some specific features of the rules on basic criminal trials in this chapter and to the consistency of the text, original commentary and commentary, as well as the technique of question and answer.** I. Establishment of the T'ang Code 1d The T Code is the law applicable to the law of the country concerned. KAO-tsu, the first quay he took over the T ' ang-dynasty, since Code 2 of the Sui Dynastie was drawn up under Kai Wen-ti and did not change it at all or simply simply changed it unintentionally 3 • Only a decree was issued which imposed a death penalty for some cases in accordance with the principle of 618 proclaimed. The decree was superseded at the first Revi ion of the Code of Law No 624, incorporated into the Code 5. In the second revision (637 completed), the application of death was more limited or converted into extinction6. In 651 Kaiser Kao-tsung ordered a further revision of the 4th transcript 7 • The work entrusted to t'ai-wei[8] and Herzog von Chao(9), Chang-un Wu-chi[10] and other officials8. Among the officials appointed to prepare a commentary on the Code 652, Chang-sun Wu-chi again ranked first 9. As 653 completed transcripts with commentary, in relation to TLÜ-shu[11], we have been handed over to us as T ang-LÜ shu-i(1 2], even though the case of ELB t at our disposal does not date from 653 years 1 o. • This work is a research seminar for language and culture China University of Hamburg. ...