南朝律学的发展及其特点——兼论“中原律学,衰于南而盛于北”说不能成立
发布时间：2018-11-24 09:56
【摘要】：南朝律学在魏晋律学的基础上继续发展,其主要成果有:修订《晋律》律注,去除了张斐、杜预对《晋律》"同注一章,而生杀永殊"的弊端;在对疑难案件法律适用的探讨中,形成一些新的法律解释;推动了律令法典体例的改进,形成一些新的法律制度。南朝律学具有研究领域宽泛、儒家伦理色彩浓厚、注重法律解释统一等特点,并不比魏晋及北朝律学衰微,学界关于南朝律学的评价与历史不符。
[Abstract]:The law of the Southern Dynasty continued to develop on the basis of the law of the Wei and Jin dynasties. Its main achievements were as follows: revising the law notes of the Jin Law, removing Zhang Fei, du Bei's malpractice of "one chapter with the same note, and killing forever" in Jin Law; In the discussion of the application of the law in difficult cases, some new legal interpretations have been formed, which have promoted the improvement of the legal system and formed some new legal systems. The law of the Southern Dynasty has the characteristics of broad research field, strong ethical color of Confucianism, emphasis on the unity of legal interpretation and so on. It is not less than the law study of Wei, Jin and Northern dynasties, and the academic evaluation on the law of the Southern Dynasty is not consistent with history.
【作者单位】： 西南政法大学;
【分类号】：D929
，
本文编号：2353228
[Abstract]:The law of the Southern Dynasty continued to develop on the basis of the law of the Wei and Jin dynasties. Its main achievements were as follows: revising the law notes of the Jin Law, removing Zhang Fei, du Bei's malpractice of "one chapter with the same note, and killing forever" in Jin Law; In the discussion of the application of the law in difficult cases, some new legal interpretations have been formed, which have promoted the improvement of the legal system and formed some new legal systems. The law of the Southern Dynasty has the characteristics of broad research field, strong ethical color of Confucianism, emphasis on the unity of legal interpretation and so on. It is not less than the law study of Wei, Jin and Northern dynasties, and the academic evaluation on the law of the Southern Dynasty is not consistent with history.
【作者单位】： 西南政法大学;
【分类号】：D929
，
本文编号：2353228
本文链接：https://www.wllwen.com/falvlunwen/fashilw/2353228.html
