《通典》所记卢恺与薛道衡除名事考论

A Research of the Event Lu Kai and Xue Daoheng Removed from Positions in General Code

杜佑在《通典》中论及我国古代人事制度变迁时,下了一则以卢恺和薛道衡二人被除名事件为背景的论断:"后周以降,选无清浊。"杜氏此论成为当今法史学界不少学者论证隋唐之际在观念与实践上皆已打破"士庶之别"的主要论据之一。详细考察该论断所指涉的具体事实及其发生背景,并进一步依据原始史料予以分析,可知杜佑这一论断不能有效支持法史学者前述论点。另外,由杜氏这一论断所依据的史源推测,其撰著《通典》时极有可能并未见到《隋书》这部最早的隋代专史,而其论断的主要根据是《北史》之"卢柔传附卢恺传"。

Du You said, in his General Code, in the background of the event that Lu Kai and Xue Daoheng were removed from their positions and powers, ＂after the North Zhou dynasty, election cares no status＂, to describe one great changes of the service selection system in traditional China. And Dus theory has become one of the main arguments of many scholars in today s legal - history study to prove that the concept of status had been broken out in service selection system as stepping into Sui - Tang dynasty. The author examines the topic in details, with the specific facts and the historic background of the dispute, and found, according to the original materials, Dus conclusion can not effectively support former arguments of modern scholars. In addition, the author also found, when Du wrote the General Code, he was likely to not see Sui Book, the earliest special history book of the Sui Dynasty, and made his judgment based on Lu Rou＇s biography with Lu Kai in Northern History.