宋与西夏法律编纂形式比较研究

发布时间：2018-03-11 02:33

本文选题：宋代法律　切入点：西夏法典　出处：《湖北大学》2012年硕士论文　论文类型：学位论文

【摘要】：两宋时期,统治者采取相关措施用以避免五代时期弊端。同时,宋统治者在法律制定上投入不少精力,编纂了大量法律法规以及综合性成文法典,如《宋刑统》、《庆元条法事类》等。在承袭唐、五代以来法律编纂习惯和编纂技术外,宋代法律编纂呈现出一些新特点。与宋同时期的西夏政权,受到唐至宋地朝代更迭影响,由最初氏族部落制过渡到专制集权制的社会形态,也编纂了成文法典《天盛改旧新定律令》和《贞观玉镜统》,其编纂形式和编纂技术显现出西夏独有的民族特色。宋与西夏在法律编纂形式上,其特点是既相互联系又有许多不同。宋与西夏在社会发展不同阶段,各自法律编纂形式有所差异,但从整体上看,又有一些相同特点：宋与西夏在社会建立初期,法律编纂形式在选择和保留上,都有沿袭和继承前朝的惯例；到了社会稳定发展时期,因为社会关系变化而必然出现了相应地改革和调整,法律编纂形式也就随之产生各变化；最后,法律编纂形式在不断调整变化中,法律编纂技术日渐成熟,编纂形式最终成熟定型。从编纂条文细节上看,宋与西夏法律编纂形式也有各自特点：无论是对于律文补充形式选择,还是对于条文逻辑结构处理,都体现出两个政权对各自统治政策、经济关系、文化思想地选择和坚守,这也就形成了中原政权与少数民族政权两个相对独立的法律编纂形式。宋与西夏法律编纂形式各自呈现的特点,与两个政权的政治、经济、文化有关。宋代法律编纂形式在不断丰富、灵活发展,西夏对宋有一定程度上地借鉴和承袭,又结合自己民族和政权统治需要,使西夏法律编纂形式最终形成自己的特点。从法律发展本身看,宋与西夏法律编纂形式上的特点与法律发展规律和特点有关。在宋与西夏法律编纂形式比较中,可以看到中国古代法律在立法编纂上是具有丰富性特点,这也是法律发展的规律性和多样性所致。
[Abstract]:During the two Song dynasties, the rulers took relevant measures to avoid the malpractice of the five dynasties. At the same time, the rulers of the Song Dynasty devoted a lot of energy to the formulation of laws and regulations, and compiled a large number of laws and regulations as well as comprehensive written codes. In addition to inheriting the customs and techniques of law compilation since the Tang Dynasty and the five dynasties, the law compilation of the Song Dynasty presented some new features. The regime of the Western Xia Dynasty in the same period of Song Dynasty was influenced by the changes of the Tang to Song dynasties. The social formation of the transition from the first clan system to the autocratic and centralized system, It also codified the written Code, "order of Tiansheng reforming the Old Law" and "Jade Mirror system of Zhenguan", which showed the unique national characteristics of the Western Xia Dynasty. The Song and Xixia dynasties had their own forms of legal compilation. It is characterized by both interconnections and many differences. In different stages of social development, the forms of law compilation in Song and Xixia were different, but on the whole, there were some same characteristics: in the early stage of the social establishment of Song and Xixia, the form of law compilation was in the choice and reservation. In the period of social stability and development, as a result of the changes in social relations, the corresponding reforms and adjustments will inevitably occur, and the forms of codification of the law will change accordingly; finally, The form of codification of law is constantly adjusting and changing, the technology of codification is maturing day by day, and the form of codification is finally mature and finalized. Song and Xixia law compilation forms also have their own characteristics: whether for the law of the supplementary form of choice, or for the logical structure of the articles, both reflect the two regimes of their respective governance policy, economic relations, cultural and ideological choice and adherence. This also formed the Central Plains regime and minority regimes two relatively independent forms of law compilation. The characteristics of the legal compilation forms of Song and Xixia are related to the politics, economy and culture of the two regimes. The forms of legal compilation in the Song Dynasty have been enriched and developed flexibly, and the Xixia Dynasty has learned from and inherited the Song Dynasty to a certain extent. In combination with the needs of their own nation and political power, the form of law compilation in the Western Xia Dynasty will finally form its own characteristics. From the point of view of the development of the law itself, The characteristics of legal compilation form in Song and Xixia are related to the law development and characteristics. In the comparison between Song and Xixia, we can see that ancient Chinese law is rich in legislative compilation. This is also due to the regularity and diversity of the development of law.
【学位授予单位】：湖北大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;K244;K246.3

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