宋太宗赵匡义法律思想论略

Emperor Song Taizong Zhao Kuangyi's Legal Thoughts

宋太宗赵匡义是中国历史上一个很有作为的皇帝,其对形成北宋"祖宗家法"居功甚伟。残唐五代封建法制的破坏是宋太宗法律思想形成的背景。其法律思想包括:重视法律制定,慎刑思想,重视官员管理法律化,重典与教化并用。其法律思想对北宋的法律形成和完善产生了很大的影响,尽管尚有可商榷之处,但宋太宗为重建皇权所做的法律建构是值得尊重的。

Zhao Kuanyi(Song Taizong) is an emperor of great capabilities in Chinese history, who made huge contribution in the formation of the 'ancestor legislation' in Northern Song Dynasty(960-1127). The destruction of the feudal legal system of the later Tang Dynasty and the Five Dynasties(late Liang; late Tang; late Jin; late Han; late Zhou) is the background of the formation of emperor Song Taizong's legal thoughts, including the ideas of the stress on the legislating, cautious punishment, emphasis on the legalization of managing officials, use of both punishment and enlightenment. His legal thoughts set great influence on the formation and improvement of the legal form of Northern Song Dynasty, and the role which played in the legal reconstruction of the imperial power is respectable though there are still something left to be given a further discussion in them.