论“敕”在唐宋司法实践中的法律效力

Research on the Legal Effect of the Tang and Song Dynasties Imperial Edicts “Chi” during the Judicial Practice

"敕"作为皇帝下行文书中的重要组成部分,在唐前期律令格式的法律体系之下,行使着皇帝干预案件的特殊法律作用。伴随着中晚唐律令制国家形态的瓦解,唐玄宗以后基本上不再修纂律、令、格、式,而采用直接编纂皇帝制敕的方式,使之制度化,进而在司法实践层面让敕的法律效力逐渐加强。其后的宋代通过大规模编敕与敕令格式新的法律体系的构建,让敕这一法律文书从特别法逐渐转为一般法,其法律效力的优先性与涵盖性全面提升,开始在处理各方面的民间法律案件中发挥重要作用。

As an important part of the imperial edicts,Chi performed a special law of the emperor to intervene cases in under the legal system of law decrees in the early Tang Dynasty.With the country’s disintegration of law and decree in the middle and late Tang,the laws and decrees had never been revised after Tang xuanzong.Chi had be institutionalized and replaced laws and decrees.The legal effect of Chi had been strengthened gradually.Till the Song Dynasty,Chi had been changed from special law prpclaimed by emperor to commom law by the construction of Chi legal system.From then on,Chi had a more great scope of using in dealing with civil law cases and had played a more important role of legal effect.