两晋南北朝与隋唐官僚特权之比较——从赃罪、除免官当的视角

A Comparative Study of Privileges in Two Jin Dynasties and Southern & Northern Dynasties with Sui and Tang Dynasties

魏晋南北朝是门阀士族获得重大政治、经济、文化和社会特权的时代,但是东晋南朝与北朝的情况不尽相同。从法制层面对赃罪量刑和除免官当的考察表明,在法令的规定上北朝对待官僚较东晋南朝更为宽松,在法令的贯彻上北朝却相对严格。由此我们看到,尽管江左士族享有更多特权,但这些特权多在法令规定之外,不属于正常官僚政治的范畴。而北朝士族却积极在律令框架内寻求自身的权益保障,其努力所获得的丰厚成果为隋唐帝国的官僚所继承,从而为官僚政治的理性发展作出了贡献。

Wei, Jin, and Southern ＆ Northern Dynasties are the time when the aristocratic families obtained significant privileges in politics, economy, culture and society. However, it is a bit different in East Jin Southern ＆ Northern Dynasties. Studies from the perspective of legal system on criminal responsibility indicate that regulations for bureaucracy in Northern Dynasty is relatively more relax than in East Jin Southern Dynasty. However, the implementation of regulations is rather strict in Northern Dynasty. As such, although the southern bureaucrats enjoy more privileges, such privileges are not provided in aforesaid regulations, which excludes from the scope of normal bureaucracy policy. In the meanwhile, actively seeking self-protection of their interest within the regulation regime, the bureaucrats in Northern Dynasty make contribution to the bureaucracy policy to rational development since their achievements from such active efforts are inherited by the Sui and Tang Empires.