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唐律的共盗犯罪,由于主体的和行为的不同而存在极为复杂的共盗情形。在立法上,作为总则的《名例律》中有一般性规定,作为分则的《贼盗律》中又作进一步的一般性规定,然后还有盗罪具体情形的专门性规定,由此形成唐律交叉重合的复杂共盗关系,决定影响着性质的认定、法律的适用和处罚的轻重。唐律对于共盗犯罪的处置,体现了唐律立法成熟细密的高超水平,对于后世明清盗罪立法影响很大,对于现代立法和法律的实际适用也具有重要参考价值。
The crime of committing crimes in the Tang dynasty, due to the difference of the subject and the behavior, has a very complicated situation. In legislation, there are general provisions in the “General Rules of Law” as a general rule, further general provisions in the “Thief Law” as a sub-rule, and then there are special provisions on the specific circumstances of the crime of piracy. From this The formation of a complex relationship between the Tang law overlap the commoner, the decision affects the identification of the nature of the law and the severity of the punishment. Tang’s treatment of crime of common crime embodies the mature and superb level of legislation of Tang law and has a great impact on the criminal legislation of Ming and Qing Dynasties. It also has important reference value for the practical application of modern legislation and law.