南朝的法制成就及历史影响

发布时间：2018-01-19 06:21

本文关键词： 南朝法制成就历史地位　出处：《西南政法大学》2011年硕士论文　论文类型：学位论文

【摘要】：魏晋南北朝法制在中国古代法律发展史上具有重要的意义,是法律儒家化的重要阶段,是中华法系形成的关键时期。但就目前中国法史学研究现状而言,对南北朝法制的研究主要集中在对北朝法制的考证与讨论,对于南朝法制则往往以“南北朝诸律,北优与南”一笔带过。但南朝法制真的无所建树么?“北”真的优于“南”么?这种优与劣的比较到底是以什么为基点而提出的呢?每每读到有关南北朝法制方面的文章时这些疑问就会萦绕在脑中。但是由于南朝法制涉及法典编撰、刑事制度创新、司法制度创新以及民事法律制度和行政法律制度创新等诸多方面的内容,要想对其进行全面而详细的研究和论证远远超出了本人的学识能力,也非一篇硕士论文所能涵盖,因此本文只选择了南朝法制中具有显著特色并对北朝法制以及后世法制有深远影响的制度进行研究,以期在宏观上了解和认识南朝的法制成就和影响,解答笔者上述疑问,并希望对改变中国法律史研究中重北轻南的现状有所益处,加深对南北朝时期法制状况的的全面了解。本文由引言、正文两章构成。文章正文分为三部分：第一章影响南朝法制发展的因素。作为上层建筑的法律制度的产生发展,首先要受到社会政治经济的影响,南朝时期特殊的政治经济环境决定了南朝法制的发展方向,决定了南朝法律制度对《晋律》的继承和发展,因此对南朝法制进行研究首先应当对南朝的社会情况以及《晋律》进行全面考察。第二章南朝法制创新。南北朝时期是民族混战与融合的时期,北方少数民族入主中原,战争频发社会环境极其不稳定,使得大批中原人民集体南迁,迁入南方的北方居民一方面充实了南方的劳动力,另一方也给南方带去了先进的生产技术,使得南方经济在南朝时期较之东吴、东晋有了很大的发展,逐渐在经济上形成了南北并驾齐驱的态势。经济上的发展必然对社会生活产生影响,进而促进法律的发展变化。此时南朝的法律发展主要体现为在晋律基础上的法律修订以及各项法律制度创新。第三章南朝法制的影响,南朝法制是在继承晋律基础上根据社会生活变化所形成的纯汉族文化下的法制,较之发源于汉律的北朝少数民族法制而言其具有较高的起点,因此它在法制发展方面取得的成就不可避免的会对同时代的北朝产生影响,而中华法系的形成是一个漫长的历史延续过程,南朝法制作为这一过程的中的重要阶段,其发展与成就对后世法律发展同样起到了铺垫作用。
[Abstract]:The legal system of the Wei Jin and the Southern and Northern dynasties is of great significance in the history of the development of ancient Chinese law. It is an important stage of the legal Confucianization and the key period of the formation of the Chinese legal system. But as far as the present situation of the study of the history of law in China is concerned. The research on the legal system of the Southern and Northern dynasties is mainly focused on the textual research and discussion of the legal system of the Northern and Southern dynasties, while the legal system of the Southern and Northern dynasties is often passed by "the laws of the Southern and Northern dynasties, the North and the South." but is the legal system of the Southern Dynasty really without any achievements? Is "North" really better than "South"? What is the basis for this comparison? Every time I read the articles about the legal system of the Southern and Northern dynasties, these questions would haunt my mind. However, because the legal system of the Southern Dynasty involves the codification of the code, the criminal system is innovated. Judicial system innovation as well as civil legal system and administrative legal system innovation and many other aspects of the content of its comprehensive and detailed research and demonstration far beyond my learning ability. Also can not cover a master's thesis, so this paper only select the Southern Dynasty legal system with significant characteristics and the law of the Northern Dynasty and the legal system of later generations have a far-reaching impact on the system. In order to understand and understand the legal achievements and impact of the Southern Dynasty from a macro perspective, answer the above questions, and hope to change the current situation in the study of Chinese legal history more than the north and the south. To deepen the understanding of the legal system in the Southern and Northern dynasties. This paper is composed of two chapters: introduction and text. The text is divided into three parts: The first chapter is the factors that influence the development of the legal system of the Southern Dynasty. As the superstructure of the legal system, the development of the legal system is first affected by the social, political and economic impact. The special political and economic environment of the Southern Dynasty decided the direction of the development of the legal system of the Southern Dynasty and the inheritance and development of the legal system of the Southern Dynasty to the Jin Law. Therefore, the study of the legal system of the Southern Dynasty should first make a comprehensive investigation of the social situation of the Southern Dynasty and the laws of Jin Dynasty. The second chapter is the innovation of the legal system in the Southern and Northern dynasties. The period of the Southern and Northern dynasties is the period of ethnic melee and fusion. The northern minorities entered the Central Plains, and the social environment of frequent wars is extremely unstable, which makes a large number of Central Plains people move south collectively. The residents of the north who moved into the south enriched the labor force of the south on the one hand, and brought advanced production technology to the south on the other, which made the economy of the south more developed than that of the East Wu and the Eastern Jin in the Southern Dynasty. Gradually in the economic formation of the north-south parallel situation, economic development is bound to have an impact on social life. At that time, the legal development of the Southern Dynasty was mainly reflected in the revision of the law on the basis of the Jin Law and the innovation of various legal systems. The third chapter is the influence of the legal system of the Southern Dynasty. The legal system of the Southern Dynasty is the legal system under the pure Han culture formed according to the changes of social life on the basis of inheriting the laws of the Jin Dynasty. Compared with the law of the Northern Dynasty, the law of the Northern Dynasty has a higher starting point, so its achievements in the development of the legal system will inevitably have an impact on the Northern Dynasty of the same era. The formation of Chinese legal system is a long historical continuation process, the Southern Dynasty legal system as an important stage of this process, its development and achievements of the legal development of later generations played a role in the same.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929

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