《北齐律》研究
发布时间：2018-08-07 14:59
【摘要】： 《北齐律》是北朝最后一部法典,既汲取和继承了前朝历代法典的经验,又根据具体情况进行创新和突破。《北齐律》法令明审,科条简要,立法水平明显高于同时代的法典。本文旨在对《北齐律》进行系统研究,全文分为五个部分。绪论首先对《北齐律》研究的学术史进行简单回顾,其次论述了魏晋以来法律制度的沿革情况。力图勾勒整个魏晋南北朝法律制度的发展轨迹,籍此洞察明晰中古时期、尤其是北朝法律制度发展的脉络。《北齐律》正是在这样的法律环境中产生的。第一章着重考察《北齐律》制定的历史背景。从北齐“鲜卑化”的政权基础、胡汉民族矛盾以及社会生活等方面来进行剖析。第二章通过整合正史的零散记载,力图复原《北齐律》的相关内容。《北齐律》既继承了历代法典的传统因子,又体现了北齐统治阶级的法制思想,是法与术的有机结合。由于《北齐律》、《开皇律》以及《大业律》均已亡佚,致使研究工作非常困难。唐律继承隋律,而隋律又主要因袭《北齐律》。因此,或可从唐律窥探《北齐律》的原貌。第三章试图将《北齐律》与梁、陈律进行对比,发现《北齐律》是在几乎全盘继承北魏政治典章制度的基础上,掺入改革创新成分的综合产物。而北魏法律制度经过太和年间和正始年间的编纂和修订后,汇集中原、河西、江左三大因素。同时期梁、陈律以清谈相尚,不崇名法。因此中原律学,南衰北盛。中古法律制度呈现“北优于南”的情形。第四章阐述《北齐律》对隋、唐律的深刻影响。《北齐律》作为魏晋南北朝时期最后一部法典,也是此时期法律精华的结集者,影响深远。在法典体例的定型、法律内容的丰富和法律思想的继承三方面,《北齐律》对后代隋、唐律乃至中华法系都产生深远的影响。
[Abstract]:Law of the Northern Qi Dynasty is the last code of the Northern Dynasty. It not only absorbs and inherits the experience of the previous dynasties, but also innovates and breaks through according to the concrete situation. The law of the Northern Qi Dynasty is reviewed in Ming Dynasty, the section is brief, and the legislative level is obviously higher than that of the contemporary code. The purpose of this paper is to make a systematic study on the law of Northern Qi, which is divided into five parts. The introduction first reviews the academic history of the study of the law of the Northern Qi Dynasty, and then discusses the evolution of the legal system since the Wei and Jin dynasties. This paper tries to outline the development track of the legal system of the whole Wei, Jin and Southern and Northern dynasties, so as to gain insight into the development of the legal system in the Middle Ancient period, especially in the Northern Dynasty. The law of the Northern Qi Dynasty came into being in such a legal environment. The first chapter focuses on the historical background of the enactment of the Northern Qi Law. From the Northern Qi "Xianbei" political basis, Hu-Han ethnic contradictions and social life to analyze. The second chapter attempts to restore the relevant contents of the Northern Qi Law by integrating the scattered records of the official history. The law of the Northern Qi Dynasty not only inherits the traditional factors of the codes of the past dynasties, but also embodies the legal thought of the ruling class of the Northern Qi Dynasty, which is an organic combination of law and art. Since the laws of Northern Qi Dynasty, Kaihuang Law and Daye Law have all been lost, the research work is very difficult. The law of the Tang Dynasty inherited the law of the Sui Dynasty, and the Sui Law was mainly inherited from the law of the Northern Qi Dynasty. Therefore, it may be possible to peek into the original appearance of the law of the Northern Qi Dynasty from the law of the Tang Dynasty. The third chapter attempts to compare the law of Northern Qi with Liang and Chen Ruo, and finds that the law of Northern Qi Dynasty is a comprehensive product of the reform and innovation on the basis of inheriting the system of political laws and regulations of the Northern Wei Dynasty almost completely. After compiling and revising the legal system of the Northern Wei Dynasty during the Taihe and the beginning years, the three major factors of the Central Plains, Hexi and the left of the Yangtze River were collected. At the same time, Liang, Chen Law to talk about each other, do not worship the name of the method. Therefore, the Central Plains Law, South decline and North Sheng. The legal system of middle-ancient times presented the situation that "north is superior to south". Chapter four expounds the profound influence of the law of the Northern Qi Dynasty on the Sui Dynasty and the law of the Tang Dynasty. As the last code of the Wei, Jin and the Southern and Northern dynasties, the law of the Northern Qi Dynasty is also the assembler of the essence of the law in this period. In the three aspects of the stylization of the code, the enrichment of the legal content and the inheritance of the legal thought, the law of the Northern Qi Dynasty has a profound influence on the future generations of Sui, Tang and even the Chinese legal system.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929
本文编号：2170397
[Abstract]:Law of the Northern Qi Dynasty is the last code of the Northern Dynasty. It not only absorbs and inherits the experience of the previous dynasties, but also innovates and breaks through according to the concrete situation. The law of the Northern Qi Dynasty is reviewed in Ming Dynasty, the section is brief, and the legislative level is obviously higher than that of the contemporary code. The purpose of this paper is to make a systematic study on the law of Northern Qi, which is divided into five parts. The introduction first reviews the academic history of the study of the law of the Northern Qi Dynasty, and then discusses the evolution of the legal system since the Wei and Jin dynasties. This paper tries to outline the development track of the legal system of the whole Wei, Jin and Southern and Northern dynasties, so as to gain insight into the development of the legal system in the Middle Ancient period, especially in the Northern Dynasty. The law of the Northern Qi Dynasty came into being in such a legal environment. The first chapter focuses on the historical background of the enactment of the Northern Qi Law. From the Northern Qi "Xianbei" political basis, Hu-Han ethnic contradictions and social life to analyze. The second chapter attempts to restore the relevant contents of the Northern Qi Law by integrating the scattered records of the official history. The law of the Northern Qi Dynasty not only inherits the traditional factors of the codes of the past dynasties, but also embodies the legal thought of the ruling class of the Northern Qi Dynasty, which is an organic combination of law and art. Since the laws of Northern Qi Dynasty, Kaihuang Law and Daye Law have all been lost, the research work is very difficult. The law of the Tang Dynasty inherited the law of the Sui Dynasty, and the Sui Law was mainly inherited from the law of the Northern Qi Dynasty. Therefore, it may be possible to peek into the original appearance of the law of the Northern Qi Dynasty from the law of the Tang Dynasty. The third chapter attempts to compare the law of Northern Qi with Liang and Chen Ruo, and finds that the law of Northern Qi Dynasty is a comprehensive product of the reform and innovation on the basis of inheriting the system of political laws and regulations of the Northern Wei Dynasty almost completely. After compiling and revising the legal system of the Northern Wei Dynasty during the Taihe and the beginning years, the three major factors of the Central Plains, Hexi and the left of the Yangtze River were collected. At the same time, Liang, Chen Law to talk about each other, do not worship the name of the method. Therefore, the Central Plains Law, South decline and North Sheng. The legal system of middle-ancient times presented the situation that "north is superior to south". Chapter four expounds the profound influence of the law of the Northern Qi Dynasty on the Sui Dynasty and the law of the Tang Dynasty. As the last code of the Wei, Jin and the Southern and Northern dynasties, the law of the Northern Qi Dynasty is also the assembler of the essence of the law in this period. In the three aspects of the stylization of the code, the enrichment of the legal content and the inheritance of the legal thought, the law of the Northern Qi Dynasty has a profound influence on the future generations of Sui, Tang and even the Chinese legal system.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D929
【引证文献】
相关博士学位论文 前1条
1 王琛;孝文帝改革以后的北魏社会与法制[D];中国政法大学;2011年
，本文编号：2170397
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