唐律谋杀罪理论体系形成考

Investigating the Formation of Theoretical System of Murder Crime in the Tang Dynasty's Law

先秦即已出现谋杀罪罪名,秦汉至隋的刑律中谋杀罪的罪名更为丰富,有谋杀人、使人杀人、牧杀、谋贼杀等罪名,对谋杀罪的罪名、罪状、定罪量刑的情节规定也趋于严密,在谋杀罪的流变过程中起到了承前启后的作用,成为唐律谋杀罪理论的渊源。在此基础上,唐律对谋杀行为的主观心态、行为特征、主犯与从犯、一般谋杀与特殊谋杀的量刑等区分都有了细致的规定,形成了严密的谋杀罪理论体系,为此后历代刑律所沿袭,影响深远。

Murder as a crime has been made in the pre -Qin Dynasty. The subsequent criminal laws from the Qin and Han Dynasty to the Sui Dynasty list conspiracy murder, abetting murder, uncommitted murder in affray, murder in affray, these laws are near to meticulous in the aspects of the charges, constitutive elements of crime and prescribed circumstances of sentencing of murder, and become the sources of theory of murder crime in the Tang Dynasty＇ s law. The subjective attitude, behavior features, principal and accessory, general murder and special murder in the Tang Dynasty＇ s law has differentiated in detail, and formed a systematic theory. It has been followed by the afterwards criminal laws and had a far - reaching influence on them.