中国传统律典“小注”源流考

A Study on the Origin of“Small Annotate”in Traditional Chinese Laws

“小注”是中国传统律典中特有的一种律中注释方式,现存之唐、宋、明、清律典中都有“小注”。“小注”这一律典中的典型现象最早受晋张斐、杜预对《泰始律》作注的影响而产生,但彼时张杜之注与《泰始律》仍未合刊一书。南齐《永明律》第一次进行律注合刊一书的尝试,但未正式颁行。《梁律》继承《永明律》的编纂经验,成为第一部正式颁布的律注合刊的律典。北朝立法受到了南朝立法的影响,在律典中已经较为成熟地运用注释随文释义。而从敦煌出土文书来看,唐代手抄《唐律》中,律典注释就以“小注”的形式出现了。《唐律》注释本为“大注”,“小注”系宋人添入的说法并不正确。

“Small annotate”is a unique way of commenting on the law in traditional Chinese legal codes and existed in Tang,Song,Ming and Qing legal codes widely.It originated from Zhang Fei and Du Yu in the Jin Dynasty annotated Taishi Law,but at that time,the annotations of Zhang and Du were not published together with Taishi Law.The Yongming Law in the Nanqi Dynasty was the first time to publish the law and annotation together,but it was not officially promulgated.Liang Law inherited the compilation experience of Yongming Law,became the first officially promulgated legal code with a combination of law and annotation.The legislation of the Northern Dynasties was influenced by the Southern Dynasties,it can be annotated and interpreted legal code skillfully.Judging from the Tang Dynasty handwritten Tang Law which was unearthed in Dunhuang,the annotations of the legal code had appeared in the form of“small annotation”.So the statement that the small annotation was appended in Tang Law by people in the Song Dynasty is not correct.