冀域法制文化建设探源

Origin of Legal Construction in Ancient Jizhou

从法理学视角审视京津冀母体——冀域的法制建设,对于探索京津冀协同发展的深层次文化基础具有重要意义。冀域法制肇始于阶级社会初期的夏朝,首创了从习惯法到成文法的演变,早期冀域法制形成了浓厚的宗教道德色彩,其发展有清晰的历史脉络:战国开启成文法转向;秦汉倡导"德主刑辅"、"礼法合治";魏晋南北朝法制推动民族法律文化的融合;隋唐将封建法制建设推向高潮;宋朝之后冀域法制才走向衰落。古代冀域法制建设的特点:一是造就了古代律学名臣大儒;二是儒法合流法律体系基本形成;三是具有民族融合期的民族特色。

A jurisprudent perspective on the legal construction in Jizhou has a great significance for exploring the deep-seated cultural foundation of joint development of Beijing, Tianjin and Hebei, The legal construction in the Jizhou began in the early Xia Dynasty when customary law evolved to statutes. In the early days, legal formation in Jizhou had strong religious and moral color, Its growth has a clear historical context. Statutes began to move in another direction in the Warring States Period; Qin and Han dynasties advocated ＂morality over penalty＂ and ＂etiquette and law combine to govern the country＂; The Wei Jin and Northern and Southern Dynasties promoted the in- tegration of national legal cultures; The feudal legal system reached the climax in the Sui and Tang dynasties; The law declined in Jizhou after the Song Dynasty. Features of ancient Jizhou legal construction are as follows： Fist, a lot of prestigious jurists appeared; Second, the integration of Confucianism and Legal system was formed; Third, the legal system had the characteristics of national integration.