论文部分内容阅读
中华法系的主要特征就是“诸法合体,以刑为主”,这已是定论。因而作为中华法系的代表作——唐律,被人们关注较多的是其刑事方面的法律规范,对其民事方面的法律规范,人们关注甚少。事实上,在“以刑为主,诸法合体”的唐律中,也包含了诸多的民事法律规范。本文拟从唐律中民事责任的适用范围、构成要件等方面,对唐律的民事责任,兼与日耳曼法①作一比较分析。
The main feature of the Chinese legal system is that “the various forms of law and justice are based on the principle of punishment”. This is a verdict. Therefore, as the representative law of the Chinese legal system, the law of the Tang dynasty, people are more concerned about the legal norms of its criminal aspects. However, people pay little attention to its civil legal norms. In fact, there are many civil laws and regulations contained in the Tang law, which is “based on punishment and complies with all laws.” This article intends to make a comparative analysis of the civil liability of Tang Law and the Germanic law in terms of the scope and composition of the civil liability of the Tang Law.