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我国古代刑律大多依据赃值的多少来对盗窃罪定罪量刑,计赃论罪也就成为各朝法典处断盗窃罪的标尺。然而赃物种类庞杂且价格迥异,因此平赃原则应运而生,成为计赃论罪的重要补充。再加之具有补救性质的追赃措施,形成了一整套以“赃”为核心的处断盗罪体系。西夏法律《天盛律令》不但承袭了中原王朝的立法精髓,而且其根据本国实际情况的司法调整也更显实用,同时从侧面反映了西夏社会经济生活的某些状况。
Most of China's ancient criminal law based on how much of the value of stolen crime to convict and sentence the crime of stolen goods count the crime will become a benchmark for breaking the theft bar code. However, the types and types of stolen goods vary greatly, so the principle of flat stolen came into being as an important complement to stolen goods. Coupled with remedial measures to tackle stolen goods, a set of criminal syndicates centered on “stolen goods” has been formed. The law of Tianshui not only inherited the essence of the legislation of the Central Plains dynasty, but also its judicial adjustment based on the actual situation of the country was more practical. At the same time, it reflected some aspects of the social and economic life in Xixia from the side.