再谈唐代的明法考试制度——兼答彭炳金先生

Rediscusing about the Mingfa Examination System of Tang Dynasty——and Giving an Answer to Professor Peng Bingjin

根据现有文献的记载 ,我国自秦朝以来就有了通过法律考试选拔官吏的制度。汉代四科中的明习法令科也是考察被举荐者的法律知识。南北朝时 ,南朝齐武帝大臣孔稚曾建议实行单独的法律考试 ,可惜未被采纳。唐代科举考试中的明法科正是总结前代法学考试经验而产生的。关于明法科产生的时间 ,史籍没有明确记载。彭炳金在《论唐代明法考试制度的几个问题》一文中认为是在武德八年 (公元 6 2 5 )以前 ,值得商榷。

According to the records of the existing documents, China has had the official selection system through the examinations of law from Qin Dynasty. The course of close studying decrees included in the four courses of Han Dynasty is also to test the legal knowledge of those who were recommended. In the period of South and North Dynasty, the emperor Qiwu of South Dynasty , and his subject Zhigui Kong once suggested taking separate examination of law, which was not accepted. The Mingfa course in the imperial examinations of Tang Dynasty arose from the conclusion of the examination experience of the previous dynasty. As to the time for the coming of Mingfa, there is no explicit record in history books. In the article On Several Issues of the System of Mingfa Examination, Peng Bingjin believed that Mingfa examination appeared in the eighth year of Wude, that is before 625 A.D. His ideas are good to further study on the problem. However, I'm afraid I cannot agree with professor Peng. Here is my superficial idea about it.