关于《二年律令》年代及性质的几个问题

On the Establishment Timing and Nature of The Second Year Decrees of the Han Dynasty

汉初存在由朝廷正式颁布的统一律令,而且承继秦律,亦有供各级官府抄写、校雠的律令范本或"正本"。《二年律令》的内容集中作于高祖五年、十一年至惠帝初年以及吕后时期。汉初还可以通过"上请",随时以"制曰"的形式下达新的法令,并分类归入不同律章。汉初律令的实存状态是按章分类和编排,签牌藏于御史府。《二年律令》文本的性质是抄录不同时期行用律令的汇编,所抄范本或底本并未经过统一修订。

During the early Han period,there were federal laws and decrees inheriting the laws of the Qin Dynasty.In addition,there were standard copies of those documents provided to all levels of governments.The Second Year Decrees actually contains decrees issued in the fifth and eleventh year of Emperor Gaozu,the first year of Emperor Huidi,and the following years of Empress Dowager Lu.During that period,new rules might be integrated into the laws by asking the emperor to issue corresponding edicts.The laws and decrees were classified in chapters and categories while the indexing labels were collected in the office of Yushi Dafu.The so-called Second Year Decrees is actually a documentary collection of previous laws and decrees rather than a formal single law document.