论中国古代司法语体的规范化

On the Standardization Practice of Ancient Chinese Judicial Language Style

古代法律语体规范化是以立法语体的规范化和司法语言语体的规范化两个层面为对象,本文仅对以判词为主要对象的司法语体规范化问题进行讨论。先秦司法语体规范化程度比较弱;汉代司法语体偏向文学语体:董仲舒的判词成为了唐朝"骈判"的先驱、《后汉书·童恢传》中的判词开了魏晋南北朝"花判"的先河;唐代司法语体比较合乎法律语体规范化要求,但是它们很浓的文学色彩,在某种程度上消解弱化了司法语体的规范化;宋代司法语体标志着我国古代司法语体规范化已走上了稳定、成熟之路;清代司法语体是规范化的楷模时代,司法语体的规范化达到了前所未有的高峰。

The standardization of the ancient legislative style refers to both the practices of standardization of legislative and judicial styles. This paper focuses on a discussion of standardization practice of ancient judicial style based on the standardization of verdict. It is argued that standardization practices of ancient judicial style varied across different historical periods, e.g., the degree of standardization of the judicial language style of the Pre-Qin Dynasty was relatively weak, and the judicial language style of the Han Dynasty showed favour towards a literary style： while Dong Zhongshu＇s style of verdict greatly influenced the pioneering practice of the ＂Parallel Sentence＂ of the Tang Dynasty, the verdict in Houhanshu · Tonghuizhuan became the judicial practice of the Wei and Jin Dynasties. In the Tang Dynasty, the judicial language style was in line with the requirements of the standardization of the law, but it carried a very strong sense of literary style, weakening the standardization of the style of judicial verdict to a certain extent. However, the judicial language style of the Song Dynasty embarked on a stable and mature way, and the standardization of the judicial language style in the Qing Dynasty became a model for the standardization of the times, reaching an unprecedented height.