从“违令罪”看唐代律令关系

Research on the Relationship Between the Code and the Statutes in Tang Dynasty Through the Accusation of Weiling

"违令有罪则入律"是唐代律令关系的基本原理,唐律除了设置专条处罚相应的违令行为外,还单辟一条"违令罪"作为兜底条款。《唐律疏议》所见"违令罪"凡8处,细绎律、令条文可知,部分唐令并未涉及律疏以"违令罪"处罚的违法行为,律疏的作者对唐令进行了扩大解释。此外,基于"违令罪"的法律原理,其所涉部分《封爵令》、《内外命妇职员令》的唐令复原亦可再作审思。

It was said that breaking the provision of the Ling( Statutes) would be punished by the Lv( Code),which was the basic principle of the relationship between the Lv and the Ling in Tang Dynasty. Besides the specific accusations and punishments provided by the Lv for the relevant illegal activities,there was an independent accusation of Weiling in the Lv. There were eight clauses about this accusation in the Tanglvshuyi. It is considered that some illegal activities punished according to this accusation were not forbid by the Ling. The legislator made the extravagant interpretation about the provision of the Ling. In addition,we can also rethink some restorations of the Ling about conferring the titles of nobility and the female official in the view of this basic principle.