礼治模式下中国传统法律的秩序观——以唐律中侵害皇权罪为中心

The Order Concept of Chinese Traditional Law under Rule of Rites

中国传统法是一种礼治模式,礼不仅深深影响了中国传统法律的精神特质,也形成了中国传统法律中独特的秩序观。在古人观念中,礼被认为是对天的一种拟制,体现着天道的和谐精神,因而礼制秩序被视为宇宙自然秩序在人间的自然推演。在礼制秩序的安排中,天子被视为交通天人的媒介,他通过祭祀天地来保障宇宙全体秩序的安定,实现人与神圣的神灵世界之间的和谐。正是基于这种特有的秩序观,唐律对侵害皇权的犯罪中处以重刑,不仅仅在于这些行为侵害了君主专制制度本身,而且更重要的是破坏了以君主为中心的天人秩序,体现了中国传统法律对和谐的价值追求。

Chinese traditional law was the mode of rule of rites; and it not only had deeply influenced on the spirit of Chinese traditional law, but had formed unique order concept. In the ancient concept, the rite is considered the representative of heaven, shows the harmonions spirit. So rule of rites are regarded as the natural deduction of universal natural order. In the order of arrangement, the emperor was considered transport medium, and kept the stability and order of the whole universe and achieved the real harmony between human and heaven. As a result, the crimes against the emperor were considered not only against the autocratic monarchy itself, but more importantly, it tmdennines the monarchy to the center of the divine order, which reflects the value pursuit of Chinese traditional law to the harmony.