《北齊律》研究
發(fā)布時間：2018-08-07 14:59
【摘要】： 《北齊律》是北朝最后一部法典,既汲取和繼承了前朝歷代法典的經(jīng)驗,又根據(jù)具體情況進行創(chuàng)新和突破�！侗饼R律》法令明審,科條簡要,立法水平明顯高于同時代的法典。本文旨在對《北齊律》進行系統(tǒng)研究,全文分為五個部分。緒論首先對《北齊律》研究的學術(shù)史進行簡單回顧,其次論述了魏晉以來法律制度的沿革情況。力圖勾勒整個魏晉南北朝法律制度的發(fā)展軌跡,籍此洞察明晰中古時期、尤其是北朝法律制度發(fā)展的脈絡(luò)�！侗饼R律》正是在這樣的法律環(huán)境中產(chǎn)生的。第一章著重考察《北齊律》制定的歷史背景。從北齊“鮮卑化”的政權(quán)基礎(chǔ)、胡漢民族矛盾以及社會生活等方面來進行剖析。第二章通過整合正史的零散記載,力圖復原《北齊律》的相關(guān)內(nèi)容�！侗饼R律》既繼承了歷代法典的傳統(tǒng)因子,又體現(xiàn)了北齊統(tǒng)治階級的法制思想,是法與術(shù)的有機結(jié)合。由于《北齊律》、《開皇律》以及《大業(yè)律》均已亡佚,致使研究工作非常困難。唐律繼承隋律,而隋律又主要因襲《北齊律》。因此,或可從唐律窺探《北齊律》的原貌。第三章試圖將《北齊律》與梁、陳律進行對比,發(fā)現(xiàn)《北齊律》是在幾乎全盤繼承北魏政治典章制度的基礎(chǔ)上,摻入改革創(chuàng)新成分的綜合產(chǎn)物。而北魏法律制度經(jīng)過太和年間和正始年間的編纂和修訂后,匯集中原、河西、江左三大因素。同時期梁、陳律以清談相尚,不崇名法。因此中原律學,南衰北盛。中古法律制度呈現(xiàn)“北優(yōu)于南”的情形。第四章闡述《北齊律》對隋、唐律的深刻影響�！侗饼R律》作為魏晉南北朝時期最后一部法典,也是此時期法律精華的結(jié)集者,影響深遠。在法典體例的定型、法律內(nèi)容的豐富和法律思想的繼承三方面,《北齊律》對后代隋、唐律乃至中華法系都產(chǎn)生深遠的影響。
[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.
【學位授予單位】：山西大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D929
本文編號：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.
【學位授予單位】：山西大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D929
【引證文獻】
相關(guān)博士學位論文 前1條
1 王琛;孝文帝改革以后的北魏社會與法制[D];中國政法大學;2011年
，本文編號：2170397
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