唐五代格、敕編纂之演變再探

Further Discussion on the Evolution of the Compilation of the Ge and the Chi from the Tang through the Five Dynasties

本文分階段探討唐五代之際格、敕編纂的發展特色,認爲唐前期所修是綜合性立法的格,其條文內容與禮密不可分,直至玄宗朝《開元禮》的制作,使修纂較爲便捷的格後敕成爲新的法律形式。貞元、元和之際對《開元禮》和開元制度的繼承,完全轉化爲對開元格後敕的編纂和認定。但歷朝不斷增加的內容以及綜合性立法的性質,致使格後敕的編纂趨向繁冗,所以又制定了以刑法爲主體的《開成格》和《大中刑律統類》,並爲五代所承用,最後因《大周刑統》頒佈而歸於失效。作爲唐代主要法律形式之一的格在北宋前期銷聲匿迹,直至元豐變法纔又以"賞格"的面目出現。與此同時,格後敕在五代易名爲編敕,在北宋前期逐漸析出制度性條文,最終在元豐時成爲單一性刑法規範。

This paper discusses the evolution of the characteristic of the compilation of the Ge(Regulation,格)and the Chi(Edict,敕)from the Tang through Five Dynasties by stages. It considers that the Ge in the early Tang was a kind of the comprehensive legislation,which was closely related to the Li(Ritual,禮). When Kaiyuan Li(《開元禮》)was established in the period of Emperor Xuanzong,the Gehouchi(格後敕)became a new source of law,which was compiled easier. In the period of Zhenyuan(貞元)and Yuanhe(元和),the Gehouchi was compiled successively which was the inheritance of Kaiyuan Li and the institution of the Kaiyuan Period. However,as the comprehensive legislation,the Gehouchi became more and more complicated because its contents were continuously enriched. As a result,Kaicheng Ge(《開成格》)and Dazhong Xinglv Tonglei(《大中刑律統類》),which were mainly criminal laws,were established.Then they were inherited in the Five Dynasties,and were abolished when Dazhou Xingtong(《大周刑統》)was enacted. As one of the most important legal sources in the Tang Dynasty,the Ge vanished in the early Northern Song Dynasty,and appeared again as the Shangge(賞格)in the Yuanfeng Reform. At the same time,the Gehouchi was renamed to the Bianchi(編敕). With the institutional articles left out,the Bianchi ultimately became the pure criminal law.