论唐律中的自首

On Voluntary Surrender in Law of Tang Dynasty

自首是唐律中一项重要的制度,其成立条件可以从适用范围、前提、主体、自首的对象和内容等方面进行考察。自首的法律后果可分为免罪和减刑。自首制度比较显著的特点是重思想轻行为。自首后是否能够回复到犯罪前的状况是确立自首制度的重要标准,同时也是理解唐律中自首制度的关键。

Voluntary surrender is an important system in Law of Tang Dynasty. The constituent parts may be studied from the area voluntary surrender applied to, the prerequisites, the subject, the object and content of voluntary surrender; the legal result can be divided into exonerate and commutation of punishment; with the exclusion of the influence from alternate forms, the outstanding characteristic of voluntary surrender is attaching much importance to mentality than act. At the same time, it is also the significant standard whether the condition before committing crime can be reached after voluntary surrendering, which is the key to understand voluntary surrender in Law of Tang Dynasty