曹魏《新律》篇目与篇次考

A New Study on the Articles and Order of “Xin lv”of Cao Wei

曹魏立法成果,以制定《新律》为要。史家通说以为,《新律》篇目共十八篇;《新律》立法者之一刘劭所著《魏律序略》中,所载篇目则为二十二篇,两相抵牾。于是十八篇究竟有何篇目、如何排序?遂生疑窦。历代考证诸说纷纭、莫衷一是。法典篇目与次序演变,绝非单纯的数字变化,而是反映了汉魏至晋唐立法重点与立法技术的演变规律,实为法史学界研究之重点与难点。结合文献典籍与出土史料的记载,辅以传世律典篇次之编纂规律,对《魏律序略》进行"倒叙式"解读,于《新律》篇目、篇次研究得出了新观点。

＂ Xin Iv＂ is the most important legislative achievements of Cao Wei. The popular view is that ＂Xin lv＂ has 18 chapters. But there are more than 20 chapters in ＂Wei lv xu lue＂, which is written by Liu Shao ,who is one of the constitutors of ＂Xin lv＂. ＂Xin iv＂ has how many chapters, and what is the order of each chapter. For this question, Previous studies have had mixed results. Changes of the chapter and order in the law , It reflects not only the numbers, but the evolution of the major topic in legislative and the legislative technology, From the Han Dynasty, Cao Wei to the Jin Dynasty, the Tang Dynasty, is one of the difficult and important issues in legal history studies. This paper attesting with the some unearthed documents and literature of which handed down from ancient times, and the the evolution of legislative, It is a redefinition and reinterpretation to ＂Wei lv xu lue＂ from a brand -new respect ,to get a new found appreciate for the chapter and order and of ＂Xin lv＂.