论西夏法典中的拘捕制度

On the Arrestment System Reflected in the Statute Book of Xixia

西夏法典《天盛改旧新定律令》涉及拘捕的条文有51条之多,对拘捕主体、拘捕运行、拘捕赏罚进行详细规制。拘捕运行遵循效率原则、保护原则。既有对唐宋律拘捕制度的继承,也有"因时立法,缘俗而治"的特色,是中华法系的组成部分。

In the New Deal Law by Tiansheng, the statute book of Xixia, there are more than 51 legal provisions on the arrestment, which make detailed regulations on the arrestment subject, the arrestmeut operation, the arrestment reword and relative punishment. These operations should obey the efficiency principle and the protective principle. The arrestment system in Xixia not only inherits the arrestment system of the Tang Dynasty and the Song Dynasty, but also has its own national characteristic, and became a part of the Chinese legal family.