《唐律疏议》与《宋刑统》比较研究

发布时间：2018-06-16 02:19

本文选题：宋刑统 + 唐律疏议　；参考：《南京师范大学》2011年硕士论文

【摘要】：作为中国古代法典的代表作,《唐律疏议》有着相当成熟的立法技术,它是完整保存至今的最早的一部法典,在学术界倍受重视。《宋刑统》作为一部上承隋唐,下启明清的法典,也具有相当的地位。大多数学者在将两者进行比较之后,得出了“翻版”之说,即认为《宋刑统》是《唐律疏议》的简单翻版。但实际上,要正确得出两者关系,必须从形式和内容的继承和发展两个方面进行比较。从形式上来看,《宋刑统》在大布局上保持了《唐律疏议》篇、卷、条的总体结构,条文也是继续采用律文、注文和疏文的层次。在各个篇目的关系上,《名例律》依旧是全法典的总则部分,其它各篇处于分则的地位。并且,“十恶”制度也统领着各篇目的罪名,此为继承的部分。此外,《宋刑统》又将各卷分为若干门,删去了“篇首疏议”,加入了敕令格式,新增了起请条,总汇了“余条准此”,并且调动了条文的分布,此为发展部分。从内容上来看,《宋刑统》继承了《唐律疏议》的主要原则和制度：礼法结合、五刑、十恶、同居相隐,这些制度和原则,都是封建社会的性质必然要求具备的。在继承这些制度的基础上,《宋刑统》又根据当朝的社会政治经济的发展情况,以敕令的形式,新增了一系列的原则和制度,如酌定量刑原则、严惩贼盗原则、折杖刑制度。此外,《宋刑统》还发展了物权制度、债权制度和诉讼制度,为日后法典制度的完善作了重要的贡献。应该说,《宋刑统》对《唐律疏议》的继承,是在封建社会这个大前提下的有所损益的继承,而这些损益的部分,也是宋朝立法者根据时代的发展所作出的调整,有鲜明的时代特色,为宋律开启明清法律作了铺垫。
[Abstract]:As the representative work of the ancient Chinese code, the "Tang Law" has quite mature legislative technology, it is the earliest code which has been completely preserved up to now, and has received much attention in academic circles. "Song Dynasty Criminal system" is a code of law that inherits Sui and Tang dynasties, and enlightens the Ming and Qing dynasties. Also has the considerable position. After comparing the two, most scholars come to the theory of "reprint", that is to say, it is a simple reprint of Tang Law. But in fact, in order to get the relationship correctly, we must compare the inheritance and development of form and content. From the formal point of view, the whole structure of the article, the volume and the article, has been maintained in the great layout of the Song Dynasty, and the articles also continue to adopt the levels of law, annotation and thinning. In the relation of each title, the law of name is still the general part of the whole code, and the other articles are in the position of special rule. Moreover, the "Ten evils" system is also dominated by the charge of various titles, which is part of inheritance. In addition, the "Song penalty system" divides each volume into several doors, deletes "the first part of the article," adds the form of the royal decree, adds the starting rule, brings together the "remaining articles to this effect," and mobilizes the distribution of the articles, which is the development part. From the content point of view, the Song Criminal system inherits the main principles and systems of the Tang Law: the combination of etiquette and law, five punishments, ten evils, cohabitation. These systems and principles are all necessary requirements of the nature of feudal society. On the basis of inheriting these systems, according to the social, political and economic development of the Song Dynasty, a series of principles and systems were added in the form of royal decrees, such as the principle of discretionary sentencing, the principle of severely punishing thieves and thefts, and the system of commuting sticks. In addition, the system of real right, the system of creditor's rights and the system of litigation have also been developed, which has made an important contribution to the perfection of the system of codes in the future. It should be said that the inheritance of the Song Dynasty to the Tang Law is a succession of gains and losses under the premise of feudal society, and the part of these gains and losses is also the adjustment made by the legislators of the Song Dynasty according to the development of the times. There are distinct characteristics of the times, for the Song Dynasty to open the Ming and Qing laws as a cushion.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929

【参考文献】