法律视角下的隋唐佛教管理研究

发布时间：2018-06-10 01:22

本文选题：隋唐 + 佛教　；参考：《中国社会科学院研究生院》2012年博士论文

【摘要】：法律视角下的隋唐佛教管理研究，是一个全新的课题。本文以《唐律疏议》和《道僧格》为中心，通过对法律条文的辑录、复原以及对当时立法背景、实施效果的考证，力图对隋唐时期依法治理佛教的概况做一个全面和客观的了解，希望能为今天的宗教管理和宗教立法提供一些有益的借鉴。进行隋唐法律和佛教管理的研究，首先需要做三个层次的工作。一是是辑录出唐代律、令、式中和佛教有直接和间接关系的条文；二是对早已佚失的唐代宗教法典《道僧格》的形成、存续、性质进行考证，得出《道僧格》成文于贞观十年(636年)，是《祠部格》的二级分格的结论。编撰之初，即为共同管理佛、道二教的特别宗教法；三是根据日本《僧尼令》和相关史料对《道僧格》进行复原，在参考前人复原研究成果的基础上，本文一共复原了三十一条《道僧格》条文。接下来，在已经获得了相对全面的法律文献的基础上，本文对唐代《道僧格》的内容作了进一步剖析。《道僧格》作为唐代的宗教法典，它的特别之处在于它的刑种设置和审判权归属的界定，“苦使”和“还俗”是《道僧格》的基本刑罚，僧尼犯“徒”以下罪时，审判权和执行权属于寺院，犯“徒”以上罪则依照国法由官府定罪和刑罚。《道僧格》有三个法源，一是唐代现行的律、令、式，二是前朝历代的僧制的沉淀，三是佛教和道教共同依止的戒律，《道僧格》是融合唐代律令、前朝僧制和佛道教清规戒律的产物。作为唐代法律的一分子，《道僧格》尽管是特别法，却也具有明显的“诸法合体”、“民刑不分”、“皇权至上”、“宗法主义”1等中华法系的共性特征，在立法原则上，《道僧格》严格遵守的是维护皇权统治、维护等级特权制度、维护宗法制度的原则。除了宗教法《道僧格》之外，“僧尼、道士、女冠”还作为独立的法律主体，出现在律、令中。本文以《道僧格》为中心，结合辑录出的唐律、唐令、唐式的相关条文，进一步考察了佛教对唐代的立法和司法的影响。佛教对于立法的影响，主要通过帝王信佛影响立法精神、佛教戒律向法律形式转化、佛教习俗被法律设为刑罚特例以及大量佛教用语被吸收成为法律用语几种形式起作用。佛教影响司法，则表现在寺院对审判权的分割、《道僧格》“苦使”刑种对封建五刑制的补充、禁屠月、十值日禁止执行死刑、佛教精舍进入监狱成为感化教育犯人的手段等几个方面。所谓影响，是双方面和相互的，，在佛教影响法律制度的同时，法律也同样影响和左右着佛教的发展方向。僧尼的社会身份被法律定位于官贵与庶民之间，僧团内部人员之间相犯被比附为家族成员，按照唐律的亲等制度量刑定罪，这些都促使僧尼出家后以寺院为依托，进入另一个“家”，为佛教的世俗伦理化起到推波助澜的作用。总之，随着佛教的传播和僧侣阶层的形成，佛教成为传统文化的重要组成部分。作为调节各种社会关系的法律，也不可避免地被打上了佛教的烙印，从立法到司法都可以看到佛教的影响。同时，依法治理佛教的实践，也加速了佛教的世俗化、伦理化，寺院成了具有宗教、行政、司法多种功能的半官方机构，也成了僧尼出家后依附的第二个家。
[Abstract]:The study on the management of Buddhism in the Sui and Tang Dynasties under the legal perspective is a new subject. This paper, taking the Tang law thinning and the Tao monk as the center, tries to make a comprehensive and objective understanding of the general situation of Buddhism in the Sui and Tang Dynasties through the compilation of the legal provisions, the restoration of the legislative background and the implementation of the effect. Heaven's religious management and religious legislation provide some useful references.
In the study of the legal and Buddhist management of the Sui and Tang Dynasties, three levels of work should be done first. One is to compile the provisions of the Tang Dynasty's law, order, and Buddhism with direct and indirect relations; the two is the formation, continuity and nature of the religious code of the Tang Dynasty, which has been lost in the Tang Dynasty, and the nature carries out a textual research, and the "Dao monk" is written for ten years (636 years), It is the conclusion of the two grade division of the ancestral temple. At the beginning of the compilation, it was the special religious law of the Buddhism and the two religion, and the three was to restore the "monk" according to the Japanese "monk and nuns" and the related historical materials. On the basis of reference to the achievements of the predecessors' restoration research, the article restored thirty-one "Dao monks > articles".
Then, on the basis of a relatively comprehensive legal document, this article makes a further analysis of the contents of the Tang Dynasty, the religious code of the Tang Dynasty. As a religious code of the Tang Dynasty, its special features lie in its definition of the setting of punishment and the attribution of the jurisdiction of the trial, and the basic punishment of "bitterness" and "return to customs", the monk and nuns. When the crime of "Apprentice" is committed, the right of trial and the right to execution belong to the monastery, and the crime of "Apprentice" above is convicted and punished according to the state law. There are three sources of law. One is the law, the order, the two is the precipitation of the monk system in the previous dynasties, the three is the abstaining of Buddhism and Taoism, and the Taoist monk is the law of the Tang Dynasty, the former dynasty, the former dynasty, the former dynasty law, the former dynasty, the Tang Dynasty decree, the preceding Dynasty As a part of the law of the Buddhist monks and Buddhism, as a part of the law of the Tang Dynasty, although the Taoist monk is a special law, it also has obvious "combination of various laws", "civil punishment does not divide", "imperial supremacy", "patriarchism" and other common characteristics of the 1 Chinese legal system, in the original legislative principles, the "Taoism" strictly adheres to the maintenance of imperial power rule, dimension The system of protecting the privileges of grade and the principle of maintaining the patriarchal system.
In addition to the religious law, "monks and monks", "monks, monks and women's crown" is also an independent legal subject, appearing in the law and order. This article, taking the "Taoist monk" as the center, combined with the Tang law, Tang order and Tang style, further investigated the influence of Buddhism on the legislation and judicature of the Tang Dynasty. The influence of Buddhism on legislation is mainly through the emperor. Wang Xinfo influenced the legislative spirit, the Buddhist precepts turned to the legal form, the Buddhist custom was set up as a special case of punishment and a large number of Buddhist terms were absorbed into several forms of legal language. The ten day prohibition of death penalty and the entry of Buddhist intensive houses into prison became the means of moving education prisoners. The so-called influence was two aspects and mutual. While Buddhism influenced the legal system, the law also affected and left the direction of the development of Buddhism. The social identity of monk and Nuni was defined by the law between the officials and the common people, the monk's group. The offense between the internal personnel was compared to the family members, which was convicted in accordance with the relative system of the law of the Tang Dynasty. All these impelled the monks and nuns to enter the other "home" based on the monastery after their home, which helped to promote the secular ethics of Buddhism.
In a word, with the spread of Buddhism and the formation of the monk class, Buddhism became an important part of the traditional culture. As a law to regulate various social relations, it was inevitably branded with Buddhism, and the influence of Buddhism could be seen from legislation to judicature. At the same time, the practice of harnessing Buddhism according to law also accelerated the secularization of Buddhism. Ethnical, the monastery has become a semi official institution with multiple functions of religion, administration and judicature, and has become the second home after monks and nuns become monks.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：博士
【学位授予年份】：2012
【分类号】：B949

【引证文献】