论文部分内容阅读
将法律铭刻在金石之上在中国有悠久的传统,最早可追溯到殷周时期。整体来看,汉代以前,法律的传布以铭金为主,春秋时期的铸刑书、刑鼎是其中最具代表性的事件;两汉时期刻石布法开始兴起,取代铭金纪法成为法律传播的重要形式。不同于先秦时期,汉代金石纪法主体不再局限于中央政权,地方政府与民间社会也成为重要主体;传播的法律形式也不仅仅是朝廷立法,还有不少属于地方法制;就其内容来看,涵盖了田土买卖、税赋徭役、用水规章、禳盗等方面,形式上也更为翔实生动,显示了中国古代在法律传播方式上的进步与成熟。本文拟对汉代的金石纪法作一初步分析,以求教于学界同仁。
Imprinting the Law on the Stone There is a long tradition in China, dating back to the Yin and Zhou dynasties. On the whole, before the Han Dynasty, the distribution of the law was mainly based on the Ming Dynasty. In the Spring and Autumn Period, the most representative event was the casting of punishment and death penalty. The period of the Second Stone Age started to rise and replaced the Ming Ji Ji Fa to become the legal communication Important form Unlike the pre-Qin period, the main body of the stone discipline of the Han Dynasty was no longer limited to the central government, and local governments and civil society also became important subjects. The legal form of communication was not only court legislation, but also many of them belong to the local legal system. Looking at and covering the field of land transactions, taxes and corvee, water regulations, robbery and other aspects of the form is also more vivid and vivid, showing the ancient Chinese method of law in the progress and maturity. This article intends to make a preliminary analysis of the Jinshi Ji in the Han Dynasty in order to learn from colleagues in academia.