国家图书馆周字51号文书辨疑与唐格复原
陈灵海国家图书馆周字51号文书辨疑与唐格复原
No.51 Document of the Zhou Series in the National Library of China: Recovery of Ge of the Tang Dynasty?
期刊名称：《法学研究》
期刊年份：
作者：陈灵海
单位：华东政法大学外国法与比较法研究院
中文关键词：唐格复原;律令格式;敦煌文书;吐鲁番文书
英文关键词：recovery of Ge;Lü Ling Ge Shi;Dunhuang document;Turpan document
中文摘要：
自刘俊文先生提出中国国家图书馆善本部所藏周字51号文书为《开元职方格》残卷以来，学术界长期将这一观点奉为通说。但比对文书内容与形式并分析唐代相关史实可知，该文书只是开元时期西州都督府辖区的一件下行牒文书，并非唐格。将这件文书从唐格残卷中剔除，有助于进一步确认唐格的编修体例、特征及性质，推动唐格的复原和研究工作。
英文摘要：
Among the four main legal forms of Tang Dynasty, Lü has texts handed down from ancient times, and Ling and Shi also have some results to be found in collections. Only Ge is almost lost since the Song Dynasty, without any systematic collection or recovery. However, as the most abundant and frequent legal form, Ge is more accurate and effective than other legal forms in reflecting the evolutional process of legal dynamics and rules at that time. Clarifying the form and style is the basic premise of carrying out collection and recovery work. Since Professor Liu Junwen submitted that No.51 document of Zhou series kept in the rare book department of the National Library of China is the remainder of Kaiyuan Zhifang Ge, the academia has generally taken this view for a long time. And this point has produced a great influence on the understanding and recovery of Ge. However, after careful examination of the content and form of the document as well as investigation into the relevant historical facts, this paper argues that the No.51 document of Zhou series is not Kaiyuan Zhifang Ge, but an official document carrying directions from higher-level officials during the Kaiyuan period. Excluding this document from the remainder of Ge will help to ascertain the style, characteristics and nature of Ge, as well as facilitate its recovery and research.
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