唐律中的畜产与损害赔偿

Livestock and its damage compenstation in Tang Dynasty's laws

在唐代社会中,马、牛等畜产是重要的官私财产,随之就有关于畜产管理、放牧、使用等的制度、法律。在有关制度和法律条文中,涉及损害赔偿的形态有两种:一是损害官私畜产的赔偿;一是官私畜产损食他人财物或伤害他人人身的赔偿。它从一个侧面说明,唐律中的损害赔偿规定有许多科学、合理的成分,至今仍有借鉴价值。

In Tang Dynasty society, horse and cow and so on were important private and official asset, accordingly there were laws and regulations about livestock management, grazing, and the use of livestock. In the related system and laws which involved in damage compensation, there were two kinds of laws, one is to compensate the damage of private and official livestock, the other is to compensate the victims if the victims＇assets were damaged by the livestock. This fact reveals that the related laws in Tang Dynasty have scientific and rational contents and are still worth learning.