南朝法制的创新及其影响兼论“南北朝诸律, 北优于南”说不能成立

南朝法制的创新及其影响兼论“南北朝诸律, 北优于南”说不能成立

Innovation and Impact of the Legal System of the Southern Dynasties

    期刊名称：《法学研究》
    期刊年份：
    作者：吕志兴
    单位：西南政法大学行政法学院
    中文关键词：南朝法制;梁律;北齐律;陈律
    英文关键词：legal system of the Southern Dynasties;laws and decrees of the Liang Dynasty;laws and decrees of the Northern Qi Dynasty;laws and decrees of the Chen Dynasty
    中文摘要：
    南朝法制继承了晋律令的内容和体例，但从刘宋时起即开始形成一些新规定。梁、陈二代都制定了律令法典；梁律令在法典编纂体例方面有重要创新，特别是对《晋令》篇目的删修，开后世令典30篇(卷)体例之先河；梁、陈在重要法律制度上亦有许多创新。南朝法制对北周、隋、唐有深刻影响，是隋唐法制的主要渊源之一，在编纂体例和重要制度创新、文明程度及对后世的影响上均不在北朝之下，学界流行的“南北朝诸律，北优于南”说与历史事实不符，不能成立。
    英文摘要：
    The Southern and Northern Dynasties are an important period for the development of ancient Chinese legal system. However, the research on the legal system of the Southern Dynasties before is very limited and underestimates its accomplishment. This paper aims to analyze the codifying style and layout, the important institutional innovations and the impact of the legal system of the Southern Dynasties.In general, the Southern Dynasties inherited the content and style of laws and decrees of the Jin Dynasty. However, the Liu-Song Dynasty and later dynasties amended the legal system of the Jin Dynasty, and made a series of new laws and decrees. Laws and decrees of the Liang Dynasty achieved important innovations in the codifying style and layout. It is particularly worth noting that, laws and decrees of the Liang Dynasty created a precedent for the application of 30 chapters (juan) in codification by cutting out and amending the chapters of the decrees of the Jin Dynasty, and unified the annotations by Zhang and Du of the laws of the Jin Dynasty. The Liang Dynasty and the Chen Dynasty also made many innovations in important institutions.The legal system of the Southern Dynasties had a profound influence on the legal system of the Northern Zhou Dynasty and the Sui-Tang Dynasties, and became one of the main origins of the legal system of the Sui-Tang Dynasties. However, since the Tang Dynasty, the academic circle gave it a low appraisal, especially in the modern history. This paper holds that, whether its content is brief or not cannot be the only standard to estimate a code. The codes of the Southern Dynasties are not inferior to the ones of the Northern Dynasties in the degree of civilization, codifying style and layout, important institution innovations and impact on later legal system. Therefore, the popular view that the Northern Dynasties are superior to the Southern Dynasties in the legal system does not accord with historical facts and cannot be held on.
    全文阅读：  点击下载