《刑统赋》注释本与宋元时期的律学转型

Annotated Versions of Xingtong Fu and the Transformation of Legal Studies in the Song and Yuan Dynasties

宋元时期是中国古代律学发展过程中的一个重要转折点,《刑统赋》的众多注释本是这一过程的真实呈现。存留至今的《刑统赋》诸家注释中包含了对字词句的解析,并广泛引用律文、成案,还被改编成了歌诀,与其后明清律学作品的丰富类型相似。宋元时期的律学转型主要体现为其后律学的两个特点,一是大量的注律作品不断涌现,二是注律者多为私家。这一转型具有内外两方面原因:内在方面,是司法实务工作对律文注释的客观需要;外在方面,则是官方法律教育机构和律学教育文本的共同缺失。宋元时期的律学转型在中国古代律学发展历程中意义重大,堪称古代律学在注律主体、方法及形式上的全面转型,但从包含价值层面和学理层面的中国古代法学的角度看,宋元时期的律学转型并没能阻止古代法学进一步走向衰败。

The Song and Yuan Dynasties were an important turning point in the development of ancient Chinese legal studies.Many annotated versions of Xingtong Fu刑统赋(Prose-Poem on the Law of Punishments)were a true representation of this process.The annotations of this ancient Chinese legal work passed down to this day include the analyses of its words and sentences as well as the extensive citations of the provisions of code and some exemplary cases,which were adapted into the form of songs.This is quite similar to the practice demonstrated by the rich types of the same kind of works in the Ming and Qing Dynasties.The transformation in the Song and Yuan Dynasties had two characteristics:first,a large number of legal works were constantly emerging;second,such works were mostly written by the authors on their private terms.This transformation was caused by both internal and external factors:internally,this resulted from the objective need of the judicial practice for the annotation of the legal texts;externally,there was a common lack of official legal education institutes and materials for doing legal education.The transformation in the Song and Yuan Dynasties,which can be called a comprehensive transformation involving the changes in the subject,method and form,is of great significance to the development of ancient Chinese legal studies.But from the perspective of ancient Chinese jurisprudence(including the value level and the academic level),the transformation in the Song and Yuan Dynasties failed to prevent the ancient jurisprudence from further declining.