《天盛律令》的法律移植与本土化

Legal Transplant and Localization in Tiansheng Laws and Decrees

《天盛律令》存在较为普遍的法律移植现象,刑罚制度、罪名、司法制度、监狱制度等都与中原律法(特别是宋律、令)渊源颇深。如西夏杖刑借鉴自北宋的"建隆折杖法",劳役刑源自宋配隶法,拘管刑则与宋锁闭刑联系密切。西夏司法审案期限与宋太平兴国六年诏令一致,监狱卫生法令与宋绍圣四年诏令一致。不过《天盛律令》仍具有鲜明的本土化特征,特别是以罚马代替赎铜、扩大籍没刑范围、加重量刑等都是西夏根据特殊国情作出的必要调整。

The legal migration phenomenon in Tiansheng Laws and Decrees is common. The penal system, the accusation, the judicial system, the prison system, and so on are closely connected with the Central Plains laws （especially Song orders）. For example, Tangut Paddling was borrowed from Song ＂ buildups fold Zhangfa, penal servitude from Song labour law, and Juguan criminal punishment was closely linked with the Song lock punishment. Tangut judicial ad litem period was in accordance with Song orders in the sixth year of Taiping Xingguo. The prison health laws consistent with the fourth year of Song Shaosheng. However, Tiansheng Laws and Decrees still has its distinct localization features, especially in the redemption penalty horse instead of copper, and expandance the scope of membership, aggravated sentencing and other necessary adjustments are made to the special circumstances in accordance with the Tangut national conditions.