故事与汉魏晋的法律——兼谈对于《唐六典》注和《晋书·刑法志》中相关内容的理解

Gushi and the Laws of Han, Wei and Jin Dynasties:Understanding of Related Contents in Xingfa Zhi of JinShu and Notes on Tang Liudian

在汉、魏、晋时期 ,故事与律、令、例、比、品式章程、制诏等法律的关系密切而复杂。故事通常是国家立法定制的一种经典依据 ,而法律适用中的事例往往又成为故事的一个主要来源。晋朝还曾将典型故事修定汇编 ,与律、令并行 ,作为一种重要的法律形式。关于故事与汉、魏、晋法律的关系 ,学界的认识颇有分歧 ,对于《唐六典》注和《晋书·刑法志》中相关内容应如何理解也值得探讨。因此 ,有必要运用史料辨别、分析故事与上述诸种法律形式之间的联系与区别 ,揭示其间的辩证关系。

In Han, Wei and Jin Dynasties, the interrelations between gushi (past practices) and laws such as lü (codes), ling (regulations), li (existing model), bi (precedent), pinshi zhangcheng (criteria and rules in detail), zhizhao (imperial decrees) and so on, were close and intricate. Gushi were usually a kind of classical basis which on which the State established laws and institutions, whereas the cases in the application of law often became a main source of gushi , too. Jin Dynasty once compiled typical gushi and made it parallel with lü and ling, as another important form of law. There is much divergence in the understandings on the relation of gushi and law of Han, Wei and Jin Dynasties in the academic circle. Still, what worth’s discussing is how to understand relevant contents of Xingfa Zhi (Treatise on Law) of JinShu and Notes on Tang Liudian (Six Institutions of Tang Dynasty). Therefore, it is necessary to identify and analyze the connections and differences between past gushi and other forms of law by utilizing historical materials, and to reveal their dialectical interrelations.