“不道”罪源流考

The Origins and Development of Budao Crime

"不道"罪是"十恶"之一,在中国传统法律中占有极为重要的地位。"不道"罪的流变过程分为发展期(时间段处于隋朝之前)和成熟期(时间段在隋朝之后)两个阶段。在发展期之中,以汉代作为分界线,首先通过对比汉律和唐律的"不道"罪之内容,说明"不道"罪从汉代至隋唐代是沿着由繁到简的路线发展的;其次通过考察"不道"与"道"之关系,说明"不道"罪的起源与宗教现象有密切联系,并且,说明汉代之前的"不道"罪涵盖着广泛的内容,其发展规律也是从整体向局部过渡的。

Budao（impious） crime always was one of the Ten Abominable Offences and it had vital important status in Chinese traditional law. The process development of Budao crime is separated into two stages, one is the developing period before Sui dynasty, and the other is the developed period after Sni dynasty. In the developing period, a dividing line was set in Han dynasty. Comparing the contents of Budao crime in Hart LV and Tang LV, it is found that the range of Budao crime lessen gradually from Han dynasty to Sui-Tang dynasty. On the other hand, Budao crime is closely associated with Dao in political field and it is indicated that Budao crime derived from religion, and the developing rule of Budao crime is from a whole to a part before Hart dynasty.