从《水浒》看中国古代法制
发布时间：2018-09-08 13:36
【摘要】：《水浒》是中华民族的精神瑰宝。作者描写了梁山泊聚集一百零八个好汉替天行道，行侠仗义的故事。当年，梁山泊因为聚集的这一百零八条好汉而成为一块是非之地；后来《水浒》这部小说因为描写了这一百零八条好汉，而成为“是非之书”。古往今来，人们对《水浒》的争论与研究不计其数，但其中涉及法律史的研究并不多。以中国的传统学术而言，所谓“文史一家”是人们的共识。笔者认为以中国古典文学作为资料探讨中国法律史的问题不仅是可行的，，而且是有学术价值的。本文就是笔者通过研究《水浒》和法律史之间的关系而展开的。 文章的第一部分分析了《水浒》产生的古代法制环境。笔者结合作者所处的明朝的法制状况探析了《水浒》产生的社会根源。明朝晚期，皇帝昏庸腐朽，法制残酷恐怖，百姓生活在统治者的经济压迫和政治恐怖之中。作者生活在这种环境之中，深深的体会到了老百姓的恐惧和困苦，于是他描写了一百零八条好汉敢于反抗朝廷的英雄行为，这些侠客们具有强烈的反叛精神，他们替天行道，为受苦百姓伸张正义，使受压迫的百姓们在黑暗的社会中看到一丝光明，所以他们对小说中的侠客义士的人格魅力和英雄行为津津乐道，于是《水浒》得以广泛传播，并且流传至今。一句话概括，《水浒》中的侠客是在当时的法制环境中不断追求自由与正义的过程中诞生的。侠客们诞生以后，他们的侠义精神补充了古代的法制精神，为古代制度打上了正义的补丁。 文章的第二部分分析了《水浒》中所体现的儒家天道法律思想。笔者认为这是这部小说所表现的最鲜明的法律史特点。汉朝以前的儒家伦理法是以“仁”学为其核心而形成一个体系的，经过大儒学家董仲舒改造后的儒家伦理法则以天人观为其主线而贯穿成的一个宏大思想体系，以“天人合一”、“天人感应”、“法天而行”为其宇宙观，“君权神授”为其旨归。《水浒》的主题思想“替天
[Abstract]:The Water margin is the spiritual treasure of the Chinese nation. The author describes the story of Liang Shanbo gathering 108 heroes to act for heaven. At that time, Liang Shanpo became a place of right and wrong because of the gathering of the 108 heroes; later, the novel Water margin became a book of right and wrong because of the description of these 108 heroes. Since ancient times, there have been countless debates and studies on Water margin, but there are few researches on the history of law. In terms of traditional Chinese learning, the so-called "one family of literature and history" is a common understanding. The author thinks that it is not only feasible but also of academic value to discuss the problem of Chinese legal history with Chinese classical literature as data. This paper is through the study of the relationship between the Water margin and the history of law. The first part of the article analyzes the ancient legal environment of Water margin. Based on the legal system of Ming Dynasty, the author analyzes the social origin of Water margin. In the late Ming Dynasty, the emperor was senseless and decadent, the legal system cruel and horrible, and the people lived in the economic oppression and political terror of the rulers. Living in such an environment, the author deeply realized the fear and hardship of the common people, so he described 108 heroes who dared to resist the court. These chivalrous men had a strong rebellious spirit, and they acted on behalf of heaven. For the suffering people to uphold justice, so that the oppressed people in the dark society to see a glimmer of light, so they love the novel chivalrous justice of the personality and heroic behavior, so that the "Water margin" can be widely spread. And passed on to this day. In a word, the knights in Water margin were born in the process of pursuing freedom and justice in the legal environment of that time. After the birth of chivalrous men, their chivalrous spirit supplemented the ancient legal spirit and patched the ancient system with justice. The second part of the article analyzes the Confucian law thought embodied in the Water margin. The author believes that this is the most distinctive feature of the legal history of the novel. Before the Han Dynasty, the Confucian ethics law formed a system with "benevolence" as its core, and the Confucian ethics law after being reformed by Dong Zhongshu, a great Confucian scholar, took the view of Heaven and Man as its main line and formed a grand thought system. "the unity of nature and man", "the induction of heaven and man", "the law of heaven and walk" as its view of the universe, "monarchy" as its purpose. "Water margin" of the theme of "for heaven"
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D929;I207.412
本文编号：2230671
[Abstract]:The Water margin is the spiritual treasure of the Chinese nation. The author describes the story of Liang Shanbo gathering 108 heroes to act for heaven. At that time, Liang Shanpo became a place of right and wrong because of the gathering of the 108 heroes; later, the novel Water margin became a book of right and wrong because of the description of these 108 heroes. Since ancient times, there have been countless debates and studies on Water margin, but there are few researches on the history of law. In terms of traditional Chinese learning, the so-called "one family of literature and history" is a common understanding. The author thinks that it is not only feasible but also of academic value to discuss the problem of Chinese legal history with Chinese classical literature as data. This paper is through the study of the relationship between the Water margin and the history of law. The first part of the article analyzes the ancient legal environment of Water margin. Based on the legal system of Ming Dynasty, the author analyzes the social origin of Water margin. In the late Ming Dynasty, the emperor was senseless and decadent, the legal system cruel and horrible, and the people lived in the economic oppression and political terror of the rulers. Living in such an environment, the author deeply realized the fear and hardship of the common people, so he described 108 heroes who dared to resist the court. These chivalrous men had a strong rebellious spirit, and they acted on behalf of heaven. For the suffering people to uphold justice, so that the oppressed people in the dark society to see a glimmer of light, so they love the novel chivalrous justice of the personality and heroic behavior, so that the "Water margin" can be widely spread. And passed on to this day. In a word, the knights in Water margin were born in the process of pursuing freedom and justice in the legal environment of that time. After the birth of chivalrous men, their chivalrous spirit supplemented the ancient legal spirit and patched the ancient system with justice. The second part of the article analyzes the Confucian law thought embodied in the Water margin. The author believes that this is the most distinctive feature of the legal history of the novel. Before the Han Dynasty, the Confucian ethics law formed a system with "benevolence" as its core, and the Confucian ethics law after being reformed by Dong Zhongshu, a great Confucian scholar, took the view of Heaven and Man as its main line and formed a grand thought system. "the unity of nature and man", "the induction of heaven and man", "the law of heaven and walk" as its view of the universe, "monarchy" as its purpose. "Water margin" of the theme of "for heaven"
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D929;I207.412
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