THE CONCEPT OF THE SCOPE OF ADMINISTRATIVE LIABILITY IN TRADITIONAL CHINESE LAW Cover Image

КОНЦЕПЦИЯ СФЕРЫ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ В ТРАДИЦИОННОМ КИТАЙСКОМ ПРАВЕ
THE CONCEPT OF THE SCOPE OF ADMINISTRATIVE LIABILITY IN TRADITIONAL CHINESE LAW

Author(s): Vyacheslav Rybakov
Subject(s): History, Law, Constitution, Jurisprudence, History of Law, Civil Law, Political history, Social history, Politics and law
Published by: Казанский (Приволжский) федеральный университет
Keywords: Traditional societies; state and law; bureaucracy; ideology; evolution of legislation;

Summary/Abstract: As early as in time of the Tang Dynasty (618–907), Chinese lawmakers recognized the need for toughening punitive sanctions against state officials who used their powers for personal gain. This article analyzes the concept of the scope of administrative liability, which played a pivotal role in the differentiation of criminal acts committed by officials either within or beyond their jurisdiction. Based on the concrete articles of the Criminal Code of the Tang Dynasty, the paper reconstructs the view of that tine on the difference between the status and the function of a public servant and, accordingly, on the criteria of applying ordinary or special penalties to criminal government employees.

  • Issue Year: 155/2013
  • Issue No: 3 (2)
  • Page Range: 69-76
  • Page Count: 8
  • Language: Russian