《唐律》东传日本之原因探析

Causes of the Spread of Tang Lawto Japan

在中国四千余年的法制发展史中,《唐律》的地位是无可撼动的,其承前启后,继往开来,不仅为后世立法者奉为圭臬,而且在东亚诸国的封建法典中都可以寻觅其存在的痕迹。而在这之中,日本学习《唐律》无疑是最成功的,日本仿效《唐律》建立起了自己的律令制度,大大加强了以天皇为中心的中央集权,使日本稳速完成了从奴隶社会到封建社会的过渡。日本选择《唐律》作为其进行律令变革的模范并非偶然。

The status of Tang Lazo is unshakable in Chinese 4 000-year history of legal development, for it not only is regarded as a model for future generations of legislators, but also can be found in the feudal laws of eastern Asian countries. The most successful case is undoubtedly Japan, for Japan has established its own legal system by emulating Tang Law, which has greatly strengthened the centralization and promoted Japan to complete the transition from slavery to feudal society. However, this case is not accidental, but a result of careful consideration based on a number of factors under the particular historical background.