试论唐代的侵权民事责任——以唐律动物致害责任为典型

在中国古代的法律中没有侵权的概念,但古代法律中确实存在现代侵权法意义上的相关规定及解释.唐朝是我国封建社会的盛世,法律典章极其完备.唐律作为中国法制史上的经典之作,包含了许多民事法律条款.虽然当时对于民事责任的承担还同时兼有刑事惩罚的性质,但其有关侵权行为的种类及承担责任的规则的表达完全具有了近代以来侵权法的特点.文章仅以《唐律疏义》中关于动物致害责任的规定为核心,在现代侵权法的语境中对唐代的侵权民事责任进行学理分析.

On Tortuous Responsibility of Tang Dynasty--Based on Damage Caused by Animals in Tang''''s Law

The concept of tort did not exist in law of ancient China,but some provisions and explanations similar to modern tort law did exist.Tang dynasty was a very developed nation in feudal society of our country whose law system was considerably completed.Tang's law is regarded as the classical creation in the history of Chinese legal system because it includes many provisions of civil law.Though the civil liability assumed with the criminal character that punished wrongdoers concurrently,its expressions about the kinds of the tort and rules to bear tortuous responsibility had the characteristics of the tort law of modern times.This essay,based on the responsibility of damage caused by animals stipulated by Tang law,analyzes civil liability of Tang tort in modern concept of tort law.