The Provision for "the Expulsion-Dismissal and Atonement"(_??__??__??__??_)in T'ang Lü
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概要
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In the T'ang Lü, there are two fundamental principles concerning the punishment to which the governmental official who commits a crime is subject : (1) the offender can atone for the actual punishment, that is the principal punishment at the same time, (2) on the other hand, he should be subject to the accessory punishment. The punishment can be divided into two kinds, the principal and the accessory. The former includes such punishments as "minor blow" (_??_), "major blow" (_??_), "temporal banishment" (_??_), "perpetual banishment" (_??_) and "death" (_??_). The so-called "expulsion and dismissal" (_??__??_) belongs to the accessory punishment, being divided into "expulsion" (_??__??_) "bi-dismissal" (_??__??_), and "dismissal"(_??__??__??__??_). The official statuses of T'ang Dynasty in the application of T'ang Lü are divided into the "status by service" (_??__??__??_) and "status by merit" (_??__??_). The status by service in its broad sense includes the status by service in its narrow sense, the "status by honour" (_??__??_) and the "status of imperial guards" (_??__??_). The govenmental official, when sentenced to expulsion, is deprived of all the statuses he does hold and has held. He who is subject to bi-dismissal is deprived of two statuses, and he is subject to dismissal of one. In the dismissal, if the official holds two statuses, he only loses "status by service." The so-called "Kuan-Tang" (_??__??_) is by nature an atonement, that is, to relieve the official of the punishment to which he is subject, with the status he does hold and has held. In effect, it also has a function of disciplinary punishment which is an accessory one. The atonement in broad sense comprises the atonement with copper and that with status. The atonement in narrow sense is confined to that with copper.<BR>The official who is sentenced to the banishment, temporary or perpetual, can atone for it with his status in principle. Each official status, present or past, can be atoned for the temporal banishment of certain years in accordance with its height of grade. The perpetual banishment is regarded as tantamount to four years banishment. When the official status is not so high or much as to atone for the punishment to its full extent, the unatoned part should be atoned for with copper according to the provided rate, when the years of banishment sentenced is less than that which can be made with copper in stead of status.<BR>In the crime provided for the expulsion and dismissal, the punishment should be sentenced with both principal and accessory. The governmental official who comes under the crime above-said, the provision "Kuan-Tang" (_??__??_) can not be applied to, however slight the principal punishment may be: he should be subject to the accessory punishment of expulsion or dismissal. In this sense, "Kuan-Tang" is the common provision, and "expulsion-dismissal" (_??__??_) is the special one. As for the principal punishment, the offender can atone for with the statuses he does hold and has held. If the atonement with status can cover the punishment, there need not be atoned for with copper any more; if not enough the atonement with copper should be supplemented for the unatoned part.
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