汉科研究:以购赏科为中心

The Research of the Han Dynasty's Law——Taking Reward Decree as the Centre

汉代的科是律令的诠释、细化,也有弥补律令规定不周之用意;科通常由官吏奏请、皇帝批准并颁行,经由官府逐级下达而布告基层民众,专制一方的统治者亦可制定、颁行科。作为法律载体,科具有灵活性、针对性和孳殖性,故在汉末三国特殊的政治格局下,为各方统治集团所利用,成为法规汇编或编纂的代称,实现从如律令到如科令之历史转变。

Like Lv, Ling, Pin, Shi, Ke is a unique form of law in the Han Dynasty. Because of the limitation of historical materials, the research of Ke is not profound and arguable as well. With the discovery of a large amount of slips, it may be a new method to research Ke, about which the material is relatively plenty. In the Han Dynasty, Ke is the explanation and modification of law, which means to make up for the deficiency of laws. In general, Ke is presented by the officials and permitted and issued by the emperors. Moreover, the governers of the local governments can also make and issue it. As the carrier of law, Ke is flexible, aim-oriented, and productive, as a result of which it is applied by the governing groups in the special political situation of the Late Han Dynasty and the Period of Three Kingdoms and becomes another general name for the compilation of law.