魏晋南北朝刑法研究
发布时间：2019-01-02 18:59
【摘要】：刑法是中国传统法律体系的重要组成部分,也是中国封建法律制 度的主体。早在20世纪20、30年代,前辈学者即已涉足这一领域, 80年代学术界对中国传统法律的研究呈现出勃勃生机,并取得令人注 目的成果。但是,从总体上看,学术界于魏晋南北朝的法制研究似少措 意,对其历史地位亦未能引起足够的重视。刑法研究方面虽有专著面世, 但仍可续貂。本文即是通过专题研究的方式对这一时期的刑律体系、刑 法原则、刑罚制度等七个问题进行较为深入的探讨,认为魏晋南北朝的 刑法在中国刑法发展史上不仅仅具有过渡性,而且极富创造性。事实表 明:中国历史上许多历千年沿用的封建刑法制度都形成于这一时期,如 《刑名》篇位于律首、刑律12篇的体例、儒家化的刑法原则、封建制 五刑体系等等,莫不首创于此期且基本定型。据此,本文认为:如果说, “文物典章,莫备于唐”,那么,刑制体系,大体定于魏晋南北朝。
[Abstract]:Criminal law is an important part of Chinese traditional legal system and also the subject of Chinese feudal legal system. As early as the 1920s and 1930s, the previous generation of scholars had already set foot in this field. In the 1980s, the academic research on the Chinese traditional law showed great vitality, and made the achievement of the purpose. However, on the whole, the study of the legal system in the Wei, Jin and the Southern and Northern dynasties seems to have little meaning, and its historical position has not been paid enough attention to. Although there are monographs on criminal law research, they can continue mink. This article is through the special topic research way carries on the thorough discussion to this period criminal law system, the criminal law principle, the penalty system and so on seven questions, The author thinks that the criminal law of Wei, Jin and Southern and Northern dynasties is not only transitional, but also creative in the history of Chinese criminal law. The facts show that many of the feudal criminal law systems that have been followed for thousands of years in Chinese history were formed in this period. For example, the title of "Criminal name" is located at the beginning of the law and the style of the 12 articles of the criminal law. Confucian principles of criminal law, feudal five penalty system, and so on, not first in this period and the basic stereotypes. Accordingly, this article thinks: if say, "cultural relic canon, do not prepare in Tang Dynasty", so, penalty system, basically be scheduled Wei Jin Southern and Northern dynasties.
【学位授予单位】：福建师范大学
【学位级别】：博士
【学位授予年份】：2005
【分类号】：K235;D924
本文编号：2398861
[Abstract]:Criminal law is an important part of Chinese traditional legal system and also the subject of Chinese feudal legal system. As early as the 1920s and 1930s, the previous generation of scholars had already set foot in this field. In the 1980s, the academic research on the Chinese traditional law showed great vitality, and made the achievement of the purpose. However, on the whole, the study of the legal system in the Wei, Jin and the Southern and Northern dynasties seems to have little meaning, and its historical position has not been paid enough attention to. Although there are monographs on criminal law research, they can continue mink. This article is through the special topic research way carries on the thorough discussion to this period criminal law system, the criminal law principle, the penalty system and so on seven questions, The author thinks that the criminal law of Wei, Jin and Southern and Northern dynasties is not only transitional, but also creative in the history of Chinese criminal law. The facts show that many of the feudal criminal law systems that have been followed for thousands of years in Chinese history were formed in this period. For example, the title of "Criminal name" is located at the beginning of the law and the style of the 12 articles of the criminal law. Confucian principles of criminal law, feudal five penalty system, and so on, not first in this period and the basic stereotypes. Accordingly, this article thinks: if say, "cultural relic canon, do not prepare in Tang Dynasty", so, penalty system, basically be scheduled Wei Jin Southern and Northern dynasties.
【学位授予单位】：福建师范大学
【学位级别】：博士
【学位授予年份】：2005
【分类号】：K235;D924
【引证文献】
相关期刊论文 前1条
1 马丽丽;;魏晋南北朝时期官吏轻微犯罪的处罚制度研究[J];兰台世界;2013年06期
相关博士学位论文 前2条
1 梁健;曹魏法制综考[D];西南政法大学;2012年
2 曹海雷;刑事执行法论纲[D];西南政法大学;2010年
相关硕士学位论文 前1条
1 孙韬;略论魏晋南北朝“八议”制度[D];西南政法大学;2011年
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