奈良时代中日两国律令制度比较

The Comparison between Law Systems of Japan and China in Nara Times

奈良律令从体系架构到条文注疏均承袭唐制,尤其是在篇名篇次、合并论罪、刑名界定、法律监督、中央机构和田制、租庸调制等方面,均延续唐朝律令的血脉。但与此同时,奈良时代日本对唐朝律令的学习过程,也是日本继承创新、建立健全自身律令的过程。由于日本国土狭小、天皇传统及崇信佛教等原因,奈良时代日本又推出"六议"、"八虐"、"两官八省一台五卫"、单设神祇官及班田收授法等颇具本土特色的律令条款。奈良律令均透射出我国唐律的气派,带有浓郁的大唐色彩,又具有日本的本土特征。奈良律令为日本进入封建制阶段提供了保障,标志着日本进入"律令国家"。

Nara law system followed the law system of Tang Dynasty both in system, structure and clauses, especially in the name and sequence of the chapters, combined conviction of crimes, definition of crimes, supervision of laws, central institutions and system of farmland, taxes system, and so on. Meanwhile, in the Nara Times, the process in which Japan learned from the law system of Tang Dynasty is the very process in which Japan innovated and developed its own law system. Because of Japan＇s small territory, its tradition of the Mikado （the emperor of Japan） and its belief in Buddhism, in the Nara Times, Japan issued some laws with its distinctive native characteristics such as.. ＂six forms of discussion＂, ＂eight felonies＂, ＂two prime ministers, eight departments, one investigating and prosecuting office and five security guard offices＂, officer of sacrificing and Handenshuju （the center of land institution in farmland-system which was founded after Taika era reforms in Japan. ） The Nara law system possessed both the characteristics of the law system of Tang Dynasty and the native characteristics of Japan. Nara law system guaranteed Japan to enter the Feudal society and indicated that Japan became ＂a country with law system. ＂