Abstract

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Title:: The Evolution of Theft Crimes from Qin and Tang Dynasties: The Continuity under the Influence of Nomadic Legal Factors

Keywords:: conviction based on the value of the stolen goods; theft not punishable by death; multiple compensation; nomadic tribal law

Abstract:: The crime of theft stipulated by the laws of the Chinese Dynasties had multiple dimensions. In addition to the so-called “narrow” theft crimes（i.e., property theft crimes), there were also theft crimes involving special objects, special subjects, and special means. As to the “narrow” theft crimes, it was necessary to evaluate the stolen goods for conviction and implemented the principle of “actual punishment”. In contrast, the legal system of nomadic tribes prioritized property over human life, making death punishment for theft a prominent characteristic of theft crimes on the grasslands. In general, when sentencing for theft, the principle of “compensation” was implemented. The dimension of theft was mainly determined by the degree of civilization. The theft crimes between Qin and Tang dynasties had a considerable continuity, but this was a “continuity” influenced by the influence of nomadic legal factors. The double compensation system stipulated in the Tang Code was the result of the “assimilation” of the nomadic legal tradition in Han territories. The continuity of Chinese culture, including theft crimes, was influenced by nomadic cultural factors. The interaction between agriculture and animal husbandry and the convergence of diverse elements into a unified whole in this interaction was the underlying secret of this continuity.