“唐律五百条”:规范技术、法律体系与治平理念的融贯统一

Tang Code:Integration of Normative Techniques,Legal Structure and Concept of Balanced Governance

"唐律五百条"沿袭于隋律,但以其纯熟的规范技术,更好地体现了中国古代的公正理念——"治平理念"。唐朝的立法者通过类型化的技术,将诸多同类项合并在同一个法条之内;又通过省略技术、援引技术、数理技术,以尽量少的文字和词句,明确表达了各种刑事法律规范。本文通过规范技术分析,阐释"唐律五百条"首先是一个独立的刑事法律规范体系,对各种犯罪行为加以惩治;同时,"唐律五百条"又是整个法律体系"治平理念"的价值符号,依律惩治严重违反令、格、式的行为。"唐律五百条"是立法者刻意设计的结果,通过纯熟的规范技术,实现了具体规范、法律体系和治平理念的融贯统一。

Tang Code（Tang Lü） contains five hundred articles and follows the structure and format of the previous Sui Code.It has been seen as an improved and bettered version with more matured normative techniques and an embodied concept of balanced governance and justice.Legislatures at that time made use of a legislative technique categorization to include similar stipulations in the same article.Other techniques like omission,citation,and mathematical calculation were also employed to reduce the number of words and sentences and offer a concise and neat version of criminal code.The author of this article uses a method of normative technical analysis,indicating that the Tang Code is first and foremost an independent criminal law system,which is supposed to punish criminal offenders in a just manner.On the other hand,the Tang Code also reflects a concept of balanced governance embodied in the whole legal system.It is regarded as a series of symbols of value for combating criminal behaviors in violation of orders（ling）,rules and standards（ge） and norms（shi）.The Tang Code is a result of deliberate design of top legislators,which has realized integration of substantial norms and standards,legal system and the concept of justice by employing thoughtful normative techniques.