蜀汉民族法制思想与实践研究

发布时间：2018-03-06 20:04

本文选题：蜀汉　切入点：刘备　出处：《云南大学》2015年博士论文　论文类型：学位论文

【摘要】：三国时期,魏、蜀、吴鼎足而立,互相争战。采取恰当的民族政策,处理好与境内外各民族之间的关系,增加人口,发展生产,对于政权的巩固与发展都具有重要的意义。蜀汉(221—263年)共历二帝,仅存四十二年,以人口、兵力、经济、地理面积等来看,蜀汉无疑是三国之中最弱的一个,然而其民族治理却有它成功的地方。蜀汉民族法制以信义为指导思想,突破了中国古代认为少数民族“贪而无信”、“贪利忘义”、“独可以威服”等流行观念,这是蜀汉民族法制实践成功的主要原因。绪论交代了选题缘由及价值,对“信义”和“民族法制”两个基本概念做了界定,对以往相关研究做了回顾与述评,说明了本文的主要研究方法以及创新点。第一章通过对三国时期思想与政治背景以及民族观的探讨,分析了蜀汉民族法制特别是其民族刑事与军事法制产生、形成的时代背景。对诸葛亮《隆中对》提出的“西和诸戎,南抚夷越”背景以及实现进行了论述。认为诸葛亮惜赦的原因之一在于其不拘泥于“以夏变夷”。第二章主要从蜀汉南征之后郡县设立及其民族地区官吏任用两个方面探讨了蜀汉民族行政法制。蜀汉分立郡县的首要目的与作用在于分割南中势力以加强对于南中的控制,但也有助于增进南中各民族对于蜀汉政权的认同。蜀汉文武并举等人才选用的特点,对于民族地区的稳定与发展起到了重要作用。蜀汉在平定南中后来的叛乱时同样奉行了“南抚夷越”的方针。第三章从“崇尚节俭,抑制奢侈”、盐铁官营、兴利除害等几个方面对蜀汉民族经济法制进行了研究。蜀汉尚俭戒奢既是对刘璋“民殷国富而不知存恤”的反思,也是对蜀地时俗奢侈的变革,有利于减少民族地区官民矛盾,促进民夷融合。蜀汉为适应军事与经济的需要,实行盐铁官营的政策,不仅供应军资,也便于民族地区盐铁业的进步和铁器农具的推广。通过重视农桑以及桥梁道路建设,蜀汉促进了民族地区的经济开发,加强了对民族地区的控制与联系。第四章通过对庄巤王滇与诸葛亮崇拜的比较分析,提出“共同的祖源”并不足以将原本认为不同的族群凝聚为一个共同体,其背后其实是文化的因素在起着重要的作用。蜀汉民族法制实践之所以能够获得成功,离不开其以信义为指导思想,经由后世对刘备、诸葛亮的评价,我们可以将信义思想的主要原则概括为公平、仁爱与包容。结语部分指出中国古代流行观念认为少数民族无信义可言,这就导致片面强调经济利益与武力威慑,对于信念、态度和价值观则不够重视。蜀汉民族法制思想与实践在此方面对我们仍有重要的借鉴与启示意义。
[Abstract]:During the period of the three Kingdoms, Wei, Shu and Wu stood on their feet and fought against each other. Appropriate national policies were adopted to handle the relations between the ethnic groups inside and outside the country, to increase the population and to develop production. It is of great significance to the consolidation and development of the regime. Shuhan (221-263) survived only 42 years. In terms of population, military strength, economy, geographical area and so on, Shu Han was undoubtedly the weakest of the three Kingdoms. However, its national governance has its success. The legal system of the Shu Han nationality, guided by faithfulness, broke through the popular ideas in ancient China that the minority nationalities were "greedy and untrustworthy", "greedy for profit and unrighteous", and "independent and powerful," and so on. This is the main reason for the successful practice of Shuhan nationality legal system. The introduction explains the reason and value of selecting the topic, defines the two basic concepts of "faithfulness" and "national legal system", and reviews and comments on the previous relevant studies. The first chapter analyzes the legal system of Shu Han nationality, especially the emergence of its national criminal and military law, through the discussion of the ideological and political background of the three Kingdoms period, as well as the national view of nationality. The background of the formation of the times. To Zhuge Liang's "Xihe Zu Rong" put forward by "the Middle of Longzhong", This paper discusses the background and the realization of the Nanfu Yi Yue, and points out that one of the reasons why Zhuge Liang cherish the amnesty is that he is not bound by "changing Yi by summer". Chapter two is mainly from the establishment of counties and the appointment of government officials in ethnic areas after the southern expedition of Shu Han Dynasty. The main purpose and function of the separation of Shukan counties and counties is to divide the southern and central forces in order to strengthen the control over the southern part of the country. But it also helps to enhance the identity of the southern and Chinese ethnic groups towards the Shu Han regime, and the characteristics of the selection of talents such as the Shu Han Dynasty, the combination of culture and military work, and so on. It played an important role in the stability and development of the ethnic areas. In the later rebellion in Pingding and South China, Shu Han also pursued the policy of "nourishing the Yi Yue from the south". Chapter three began with "advocating frugality and suppressing luxury", and the official camp of salt and iron. The economic legal system of Shu Han nationality has been studied in several aspects, such as promoting profit and eliminating harm. Shu Han thrifty and thrifty and extravagant is not only a reflection on Liu Zhang's "people who are rich in the country but do not know how to keep compassionate", but also a reform of the luxury of Shu local custom and custom, which is conducive to reducing the contradiction between the officials and the people in the minority areas. In order to meet the needs of the military and the economy, Shu Han implemented the policy of "salt and iron official camp", which not only supplied military funds, but also facilitated the progress of salt and iron industry and the popularization of iron tools in ethnic minority areas. By paying attention to agricultural mulberry and bridge road construction, Shu Han promoted the economic development of the minority areas, strengthened the control and connection of the minority areas. Chapter 4th through the comparative analysis of Wang Dian and Zhuge Liang worship, Putting forward that "common ancestral source" is not enough to unite different ethnic groups into one community, but cultural factors play an important role behind it. Without his guiding ideology of faithfulness, we can generalize the main principles of faithfulness thought as fairness through the evaluation of Liu Bei and Zhuge Liang from later generations. Benevolence and tolerance. In the concluding part, it is pointed out that the popular concept of ancient China holds that ethnic minorities have no faith at all, which leads to a one-sided emphasis on economic interests and deterrence by force. The thought and practice of Shu Han nationality's legal system are still of great significance for us to draw lessons from and enlighten us.
【学位授予单位】：云南大学
【学位级别】：博士
【学位授予年份】：2015
【分类号】：D929;D921.8

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