摘要
西夏连坐制度是在唐宋连坐的基础上结合本民族特点制定的,所适用犯罪包括侵犯皇权罪、侵害人身罪、职务犯罪、军事犯罪、侵犯财产罪及诬告罪等,适用范围广,为西夏主要刑罚之一。与同时代宋连坐相较,西夏连坐制度有自身特点,如亲属连坐较为发达,伍保连坐适用不多,有诬告连坐而无举主连坐等。这与西夏整体用刑较重、劳动人口不足及"贼患"较少有关。
The Lianzuo （guilt by association） system of Tian sheng Laws was made on the basis of the laws of Tang and Song in connection with the practical situation of the Xixia nation. As a major form of penalty, it was widely applied in affairs like treason, homicide, crime by taking advantage of duty, military crime, offense against property and crime of false charge. Compared with Song＇s Lianzuo, Xixia＇s has its own features. For example, there was no Lianzuo of governor officials, but there existed Lianzuo of false charge. Also, the Lianzuo of relatives was more popular, but the Lianzuo of neighborhood usually was not applied. The reason is that the punishment of Xixia was heavier and there was less population and crime in the nation.
出处
《学术探索》
CSSCI
2013年第11期118-122,共5页
Academic Exploration
关键词
连坐
《天盛律令》
西夏
the Lianzuo system
Tianshen
Laws
Xixia
