| 英文摘要 |
This article analyzes the law of setting a trap in Tang Code and discusses various violations when trapping beasts. In order to ensure the safety of human habitation, Tang Dynasty used the law to punish people who caused others' death or injury by setting traps in inappropriate environments or manners. This article clarifies the legal issues between setting beast traps and killing and injuring people. For example, why Tang Code putted this law into the section of miscellaneous laws（雜律）, rather than the law of homicide, thief or robbery（賊盜律）? It seems that the legislative guideline of Tang Dynasty had a character of the penalty crime（以罪統刑）, which defines offenders' crime by the taxonomy of behaviors. This article further compares the norm of setting traps and its variations between the Tang Code and the legal codes of other dynasties in order to observe the historical development and signification of the law. Finally, this article considers the legal connection between trapping beasts and ensuring the habitation safety. It also demonstrates judges' legal reasonings by referring to somelegal precedents and cases. In Tang Dynasty, judges had to measure each offender's behavior and determine whether the case is a willful murder or manslaughterso as to make an appropriate judgement. |
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