清代的法律歌诀探究

On Legal Verses of Qing Dynasty

清代出现了大量的法律歌诀,形成了独特的律学流派——歌诀派。所谓法律歌诀,指以传播法律知识、法律适用经验,记诵法律条文为目的而编制的诗歌与口诀的总称,其起源非常久远。张斐"注律表"对晋律特点的概括可看成是法律歌诀之滥觞,但其大规模的出现应在明清时期。明代法律歌诀主要出现在坊间类书中,属通俗性歌诀;清代出现了众多律注型歌诀,属专业性歌诀。法律歌诀的出现使得律学向着更简便、实用的方向发展,对法律知识的传播起到了很大推动作用。

There are a lot of legal verses in Qing dynasty,which has developed an unique school of Chinese legal dogmatics--＂Verse Genre＂. Legal verse is a collection of songs and verses which aim to spread the knowledge of law and the experiences of applying the law,and to make legal provision easy to memorize,its＇ source is so remote that we can＇t determine the accurate times. Maybe we can think that Zhang Fei＇s generation to The Criminal Code of Jin Dynasty is the earliest origin of Chinese Legal Verse. But When it appeared on a large scale in Ming or Qing dynasty. Legal verses of Ming dynasty are mainly in some general cyclopedia which were printed on the street stalls,and belonging to the popular verse,but there appeared a lot of legal verses about the legal annotation,which are professional verses. The role of legal verse is to make Chinese traditional legal dogmatics become more and more simple and practical,greatly pushing forward the transmission of legal knowledge and development of Chinese traditional legal dogmatics.