宋朝“格”的立法成果和性质问题考述
发布时间：2018-11-13 10:50
【摘要】：宋格在中国古代格这种法律形式发展史上属于代表性成果。宋格作为宋朝国家法律分类中的四大基本法律形式之一,不管是从性质还是内容上看都不是"令"的简单派生物和补充物。宋格在立法形式上有综合性法典和单行法两种。宋朝国家至少制定了8部格典,同时还制定了大量的单行格。单行格现在可以考察出的篇名多达189篇。宋格从篇名结构上看,可以分为赏罚类,官员选拔、考核和管理类,机构设置和职能界定类,教育礼制类和其他类型等。认为宋格的性质是与赏罚有关的法律是源于对《元丰格》的总结。但这种认识后来成为学术界对宋格性质认定的谱系起点,导致对宋格性质认识上出现误差。宋格的性质从实质主义看,宋神宗定义是对的,但不反映宋格的全部内容特征。宋格在内容上看主要是对各类制度中的等级、数量、标准、职数等进行具体设定,但不能用行政法来简单归类。若从现在部门法分类体系看,宋格中有行政法、民法和刑法等各种部门的内容。
[Abstract]:Song GE belongs to the representative achievement in the development history of ancient Chinese legal form. As one of the four basic legal forms in the classification of national laws in Song Dynasty, Song GE is not a simple creature and supplement of Ling in nature or content. Song GE has two kinds of comprehensive code and special law in the form of legislation. The Song Dynasty made at least eight codes and a large number of one-line codes. As many as 189 titles can now be examined in a single row. In terms of title structure, Song GE can be divided into categories of rewards and punishments, selection of officials, examination and management, establishment of institutions and definition of functions, educational etiquette and other types. The author thinks that the nature of Song GE is the law related to reward and punishment derived from the summary of Yuan Feng GE. But this kind of cognition later became the pedigree starting point of the nature of Song GE in academic circles, which resulted in errors in understanding the nature of Song GE. The nature of Song GE is correct from the viewpoint of essentialism, but it does not reflect the whole content characteristic of Song GE. In terms of content, Song GE mainly sets the grade, quantity, standard and grade in all kinds of systems, but it can not be classified simply by administrative law. According to the classification system of department law, there are administrative law, civil law and criminal law in Song GE.
【作者单位】： 云南大学;
【基金】：国家社会科学基金后期资助项目“宋代立法通考”(项目号:15FFx021)的阶段性研究成果
【分类号】：D929
本文编号：2328876
[Abstract]:Song GE belongs to the representative achievement in the development history of ancient Chinese legal form. As one of the four basic legal forms in the classification of national laws in Song Dynasty, Song GE is not a simple creature and supplement of Ling in nature or content. Song GE has two kinds of comprehensive code and special law in the form of legislation. The Song Dynasty made at least eight codes and a large number of one-line codes. As many as 189 titles can now be examined in a single row. In terms of title structure, Song GE can be divided into categories of rewards and punishments, selection of officials, examination and management, establishment of institutions and definition of functions, educational etiquette and other types. The author thinks that the nature of Song GE is the law related to reward and punishment derived from the summary of Yuan Feng GE. But this kind of cognition later became the pedigree starting point of the nature of Song GE in academic circles, which resulted in errors in understanding the nature of Song GE. The nature of Song GE is correct from the viewpoint of essentialism, but it does not reflect the whole content characteristic of Song GE. In terms of content, Song GE mainly sets the grade, quantity, standard and grade in all kinds of systems, but it can not be classified simply by administrative law. According to the classification system of department law, there are administrative law, civil law and criminal law in Song GE.
【作者单位】： 云南大学;
【基金】：国家社会科学基金后期资助项目“宋代立法通考”(项目号:15FFx021)的阶段性研究成果
【分类号】：D929
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