曹魏《新律》的制订者到底是谁——对“陈群为首制订《新律》说”的质疑

Who Made the "New Law"of Wei Dynasty——A Challenge to the Theory that Chen Qun Chaired the Formulation of the"New Law"

曹魏《新律》之成,通说多归功于陈群,刘邵则无足轻重,甚至可提可不提。但据陈寿《三国志》载,《新律》的制订者却并无陈群其人,而只是刘邵与庾嶷、荀铣等。参与《新律》基础上制定《泰始律》的律学家杜预,应该看过《三国志》,却对陈寿关于《新律》修撰者的记载并无异议。斐松之引书二百余种,注释、补充、考订《三国志》,也未对陈说有所修正。"诏陈群、刘邵等制新律",或"令司空陈群等制订魏法"之说,则出自成书晚于《三国志》四百多年的《晋书.刑法志》,而《晋书》所存在的对史料未予认真甄别去取,"不求笃实"的缺点,在成书后即受到其当代人的批评。《新律》制订者的问题大可存疑,至少有理由强调,应该对刘邵充分重视。

In general,the enactment of the New Law of Wei Dynasty is mainly credited to Chen Qun ,while Liu Shao is insignificant. However, according to the History of the Three Kingdoms written by Chen Shou, the maker of the New Law is not Chen Qun but Liu Shao, Yu Yi, Xun Xian etc. The legalist Du Yu, who made Tai Shi Law based on the New Law, should have read the History of the Three Kingdoms, but had no objection to the maker record of the New Law written by Chen Shou. Pei Songzhi used over 200 references to annotate, supplied and revised the History of the Three Kingdoms ,but he did not modify Chen Shou＇s theory either. The statement of＂ order Chen Qun,Liu Shao to make the New Law＂ or＂ order Sikong（ a kind of official rank）,Chen Qun to make the Law of Wei Dynasty＂ is from the Criminal Law History of Jin Dynasty which is over 400 years late behind the History of the Three Kingdoms. However, the History of Jin Dynasty did not select the historic materials scrupulously and consciously, so it has been criticized by many people. It seems that there is doubt about the maker of the New Law. At least we have the reason to emphasize that Liu Shao should be paid great attention to.