关于唐律"化外人相犯"条的再思考

唐律“化外人相犯”条是中国封建法律中一项具有重要意义的规定。目前比较流行的观点认为:“化外人”即外国人。另一种观点认为中国古代所称的“化外人”是指少数民族。通过深入分析,笔者指出:“化外人”包括外国人和部分少数民族。“化外人相犯”条不仅适用于处理外国人在大唐境内的犯罪,是唐代处理涉外案件的原则,也适用于与唐朝关系比较疏远的少数民族,是当时少数民族适用法律的特别规定。

Reconsideration on the Article "Person Who Unenlightened by the Etiquette Offend Each Other" in the Law of Tang Dynasty

There was an article about "person who unenlightened by the etiquette offend each other "in the law of Tang Dynasty,which is an article with important significance in Chinese feudal law.the popular view is that "person who unenlightened by the etiquette" means foreigners.Another point think it means ethnic minorities.Analyzing in depth,the author think it include foreigners and the ethnic minority.The article applied to deal with crime that foreigners execute in territory of Tang Dynasty.It was the principle on handling foreign case of the Tang Dynasty.It also applied to domestic ethnic minorities that was antagonistic to Tang regime at that time.It was the especial legal rule applied to the ethnic minority at that time.