周秦两汉法律“布之于民”考论
发布时间：2018-12-19 19:28
【摘要】：长期以来,围绕中国早期法律公布的时间问题,学界存有争议。对于先秦两汉法律是以何种形式公布的,至今鲜有关注。结合新近出土资料与《周礼》、《左传》等传世文献的研究大体可以确定,法令在制定后予以公布是周秦之际的惯常做法,从"宪刑"、"悬法"到春秋时期的铸刑书与权量布法,都是这一做法在不同时期的具体表现形式;到了汉代,法律"布之于民"的形式更加多样,包括刻石、扁书、露布、粉壁及榜等,几乎涵盖了后世常见的各种形态。整体而言,中国古代多数时期的统治者积极地将法律调整所涉及的利益群体纳入到法律的实施过程中来,缘情布法,灵活务实,这是古代法律公布的特点。
[Abstract]:For a long time, there has been controversy about the timing of the early Chinese laws. Little attention has been paid to the form in which the laws of the pre-Qin and Han dynasties were published. Combined with the newly unearthed materials and "Zhou Li" and "Zuo Zhuan" and other documents, it can be generally confirmed that it is the usual practice of Zhou and Qin to publish the decrees after making them, and from the perspective of "constitutional punishment", From "hanging method" to "casting penalty book and weight arrangement method" in the Spring and Autumn period, it is the concrete manifestation of this practice in different periods. By the Han Dynasty, the forms of law "cloth to the people" were more diverse, including stone engraving, flat books, dew, pink wall and list, almost covering all kinds of forms common in later generations. As a whole, the rulers of most periods of ancient China actively brought the interest groups involved in the legal adjustment into the implementation process of the law.
【作者单位】： 武汉理工大学文法学院;
【分类号】：D929
，
本文编号：2387347
[Abstract]:For a long time, there has been controversy about the timing of the early Chinese laws. Little attention has been paid to the form in which the laws of the pre-Qin and Han dynasties were published. Combined with the newly unearthed materials and "Zhou Li" and "Zuo Zhuan" and other documents, it can be generally confirmed that it is the usual practice of Zhou and Qin to publish the decrees after making them, and from the perspective of "constitutional punishment", From "hanging method" to "casting penalty book and weight arrangement method" in the Spring and Autumn period, it is the concrete manifestation of this practice in different periods. By the Han Dynasty, the forms of law "cloth to the people" were more diverse, including stone engraving, flat books, dew, pink wall and list, almost covering all kinds of forms common in later generations. As a whole, the rulers of most periods of ancient China actively brought the interest groups involved in the legal adjustment into the implementation process of the law.
【作者单位】： 武汉理工大学文法学院;
【分类号】：D929
，
本文编号：2387347
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