论明代的榜例

A Study on the Announcement-Case of Ming Dynasty

榜例是一种特殊的事例。明代初期,朱元璋与朱棣以榜文的形式,随时颁布各种禁例,建立起以重刑恐吓为手段的统治秩序。明中期以后,榜文禁例演化为所谓"榜例"。不同的是,榜文禁例是以皇帝的任性严酷为特征,表现了专制统治恶的一面;而经过官僚体制改造之后的榜例,则克服了恶性,并以公开性替代了秘密性。后来榜例走向式微,被官府告示所替代,也是大势所趋理所必至,进一步证明了官僚体制对于法制运作的深刻影响。

The announcement-case is a special kind of case law.In the early Ming Dynasty,Zhu Yuanzhang and Zhu Di established a severe ruling order by means of enacting a great number of prohibitions at any time.After the mid-Ming,the prohibitions in the form of announcements evolved into so-called Announcement-case.The differences are that the prohibitions in the form of announcements are characterized by the emperor’s willfulness and harshness,which shows the evil side of the autocracy,while the announcement-cases which have been remolded by bureaucracy overcome its evil side and are characterized by its openness to public.Nevertheless,The announcement-cases declined over time and were replaced by the government-announcements,which showed a general trend and rational rule that the bureaucracy played an important role on the forming process of the legal system.