唐代判文献及其社会控制思想研究
发布时间：2019-01-03 12:28
【摘要】： 判文是中国古代社会一种应用性司法文书，唐代判文代表中国古代判文的最高成就。唐判有三种：案判、拟判和杂判，目前可见唐代判文千余道，主要存于《文苑英华》、《全唐文》及部分敦煌文献中。 唐代判文献内容宏富，无论是在反映社会生活的广度和深度上，还是在对社会变迁的把握与社会控制的理性思考上，都体现出了有唐一代的固有特点，折射出了中世纪中国社会转型时期社会控制思想方面某些有益的变化。而其中最具承前启后意义的变化则是唐代社会控制走了一条自严而宽、由紧趋缓，从高度封闭走向逐步开放、允许社会阶层有条件流动的道路，具体体现在：①对工商业者的控制逐步放松，允许工商业者通过军功、贡举等渠道有条件地向上流动，初步建立了社会流动机制；②贱民良化---秦汉以来实行千余年的等级森严的良贱制度自唐开始式微；③法贵从宽---从恪守律令到融情入法，唐代法律开始自觉融入人性化因素。唐代放松社会控制的举措有效地维护了社会稳定，激发了社会活力，，推动了唐王朝社会政治、经济和文化的发展。这说明适度社会控制是社会的减压阀，是发展的助推器。
[Abstract]:Judgment is an applied judicial document in ancient Chinese society, and it represents the highest achievement in ancient China. There are three kinds of judgments in Tang Dynasty: case judgment, proposed judgment and miscellaneous judgment. At present, it can be seen that there are more than a thousand kinds of judgments in Tang Dynasty, mainly in "Wen Yuan Yinghua", "all Tang Wen" and some Dunhuang documents. In the Tang Dynasty, whether in the breadth and depth of social life, in the grasp of social changes and in the rational thinking of social control, it reflects the inherent characteristics of the Tang Dynasty. It reflects some beneficial changes in the thought of social control in the period of Chinese social transformation in the Middle Ages. And the most significant change in the Tang Dynasty was that social control in the Tang Dynasty took a road of strict and broad, from tight to slow, from highly closed to gradually open, allowing the conditional flow of social strata. The concrete manifestation is: 1) the control to the industry and commerce is gradually relaxed, allowing the industry and commerce to flow up conditionally through the channels such as military service, tribute and so on, and the mechanism of social mobility has been preliminarily established; (2) untouchability-the system of untouchability, which has been practiced for more than a thousand years since the Qin and Han dynasties, has declined since the Tang Dynasty; (3) the law of the Tang Dynasty began to blend into the humanized factors from abiding by the laws and regulations to the integration of the emotion into the law. The relaxation of social control in the Tang Dynasty effectively maintained social stability, stimulated social vitality and promoted the development of social politics, economy and culture in the Tang Dynasty. This indicates that moderate social control is the social pressure-reducing valve and the booster of development.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：K242
本文编号：2399358
[Abstract]:Judgment is an applied judicial document in ancient Chinese society, and it represents the highest achievement in ancient China. There are three kinds of judgments in Tang Dynasty: case judgment, proposed judgment and miscellaneous judgment. At present, it can be seen that there are more than a thousand kinds of judgments in Tang Dynasty, mainly in "Wen Yuan Yinghua", "all Tang Wen" and some Dunhuang documents. In the Tang Dynasty, whether in the breadth and depth of social life, in the grasp of social changes and in the rational thinking of social control, it reflects the inherent characteristics of the Tang Dynasty. It reflects some beneficial changes in the thought of social control in the period of Chinese social transformation in the Middle Ages. And the most significant change in the Tang Dynasty was that social control in the Tang Dynasty took a road of strict and broad, from tight to slow, from highly closed to gradually open, allowing the conditional flow of social strata. The concrete manifestation is: 1) the control to the industry and commerce is gradually relaxed, allowing the industry and commerce to flow up conditionally through the channels such as military service, tribute and so on, and the mechanism of social mobility has been preliminarily established; (2) untouchability-the system of untouchability, which has been practiced for more than a thousand years since the Qin and Han dynasties, has declined since the Tang Dynasty; (3) the law of the Tang Dynasty began to blend into the humanized factors from abiding by the laws and regulations to the integration of the emotion into the law. The relaxation of social control in the Tang Dynasty effectively maintained social stability, stimulated social vitality and promoted the development of social politics, economy and culture in the Tang Dynasty. This indicates that moderate social control is the social pressure-reducing valve and the booster of development.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：K242
【引证文献】
相关博士学位论文 前2条
1 刘小明;唐宋判文研究[D];华东师范大学;2012年
2 陈勤娜;唐代试判研究[D];郑州大学;2013年
本文编号：2399358
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