论《开皇律》承上启下的历史意义

发布时间：2018-02-27 14:07

本文关键词： 《开皇律》渊源立法技术影响　出处：《吉林大学》2010年硕士论文　论文类型：学位论文

【摘要】： 隋朝《开皇律》是中国法制史上具有里程碑意义的法典。《开皇律》吸收前朝历代法典的精华,在体例上,定留十二篇共五百条,篇章科学严明,刑网简要不失;在刑罚体系上,“五刑”宽缓简明,层次衔接得当;在立法技术上,立法语言严谨完善,“以”、“准”等功能性法律术语运用熟练,比附制度如“举重以明轻、举轻以明重”、“不应得为而为”等对“律无明文”的情况进行了有益的补充。隋文帝及当时撰律大臣宽仁恤刑,秉持着“以轻代重,化死为生”的立法原则来制定《开皇律》,使得《开皇律》刑罚宽缓、科条简要。《开皇律》辉煌的立法成就直接影响了被称为中国封建社会法典巅峰之作的唐律的制定,并为后世律典的制定奠定了基础。因此,《开皇律》上承中华法系之渊源,下启此后历代法典之长流,具有承上启下的历史意义。
[Abstract]:The law of the emperor in the Sui Dynasty is a landmark code in the history of Chinese legal system. It absorbs the essence of the previous dynasties' codes, and in the style, 12 articles are determined to remain in total 500 articles, the text is scientific and strict, and the punishment net is brief. In the penalty system, the "five penalties" are broad and concise, and the levels are connected properly. In the legislative technology, the legislative language is rigorous and perfect, and the functional legal terms such as "using" and "accurate" are skillfully used, which is more light than the attached system such as "lifting weights with light light," Raising the light to the Ming "," "do not deserve for" and so on to "law not clear" situation to carry on a useful supplement. Sui Wen-emperor and the minister of law at that time, lenient benevolent punishment, adhering to the "light to replace the heavy," The legislative principle of "making a living by death" made "the Law of opening the Emperor", which made the punishment of the "Law of opening the Emperor" lenient and brief. The brilliant legislative achievements of the "Law of opening the Emperor" directly affected the formulation of the Tang Law, which was called the peak of the feudal Society Code of China. It laid a foundation for the formulation of the law code of later generations. Therefore, the law of the emperor inherits the origin of the Chinese legal system, and it has the historical significance of connecting the past with the following.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D929

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