苏轼朝廷任职期间的立法实践述略

A Summary of Su Shi’s Legislative Practice during his Tenure in the Imperial Court

苏轼一生先后在朝廷任职约12年,这期间,他最引人注目的业绩都与立法工作有关。为皇帝草拟诏书,参加役法修订,以奏议方式提出各种立法、修法建议,是他参与立法的主要方式。苏轼所提出的力戒一事一诏,主张雇役法与差役法并行,免征五谷力胜税,废除男子居丧婚娶律条等立法、修法建议,涉及了法律与儒家伦理,法律与社会民心,律与令的关系或某个具体制度的建设,条文的废止等重要的理论和实践问题。这些颇具专业水准的建议,体现了苏轼对宋朝法律制度的娴熟掌握和深厚的法律素养,也是他深度参与立法实践的明证。

Su Shi served in the imperial court for about 12 years in his life.During this period,his most remarkable achievements were related to legislative work.Drafting imperial edicts for the emperor,participating in the revision of the service law,and putting forward various legislative and amendment suggestions by memorial are the main ways for him to participate in the legislation.The proposed legislation and amendment suggestions,such as giving up one edict for one thing,advocating the parallel of the Guyi Law and the Chaiyi Law,exempting Wu-gu-li-sheng tax,and abolishing the provisions about men marriage during mourning period,involve important theoretical and practical issues such as the relationship between law and Confucian ethics,law and social popular will,law and order,or the construction of a specific system,the repeal of provisions.These highly professional suggestions reflected Su Shi’s skillful mastery of the legal system of the Song Dynasty and his profound legal accomplishment,which were also the evidences of his deep participation in legislative practice.