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近年来陆续发现的秦汉时代的木简史料,为中国古代史研究带来了新发展,此已无须赘言。出土史料不仅示人以传世典籍史料未曾涉及的新事实,而且具有构筑具体议题平台的魅力,其吸引力难以抵御。以往利用典籍史料的律令研究,重点在于收集律令佚文,在此基础上讨论律与令在形式与内容上的不同。佚文本身的内容表明秦汉时代的律令,不似唐律可区分为刑罚法典与非刑罚法典。那么汉律与汉令究竟不同于何处?它是如何向唐律令演变的?换言之,过去的研究是探讨秦汉律令在法典形成
In recent years, gradually discovered in the Qin and Han dynasties wood historical materials, for the study of ancient Chinese history has brought new developments, it has no need to elaborate. Unearthed historical materials not only show the historical fact that people handed down from ancient to modern times, but also have the charm of building a platform for specific topics. Their attractiveness is hard to resist. In the past, the research on the decrees and laws that made use of the historical data of Chinese books focused on collecting the Lost Texts of the ordinance and on the basis of this discussion of the difference between law and order in form and content. The content of the essay itself shows the laws and decrees in the Qin and Han dynasties, unlike the Tang law that distinguishes between the penal code and the non-penal code. So what is the difference between Chinese law and Chinese form? How did it evolve to the Tang dynasty? In other words, the past research is about the formation of legal codes in the Qin and Han dynasties