多元一统:宋辽夏金法律文化的融合

李唐之初,以《唐律疏议》为代表的中华法系的建立,凝聚了中华民族的法律精神和治理智慧。中国传统法律文化上的"民本"理念呈现出以和为贵、追求和谐的鲜明"中国"精神价值特色。唐季以降,随着长城体系的打破,中华法系在农耕与游牧生产方式交织影响下,"民本"理念中增加了多民族和谐共存的内容。整体法律价值出现天下一体、文化正朔、民族共融的新补充。宋、辽、夏、金政权对峙期间,各政权围绕客观上异民族多元文化共存这一前提进行法律治理新模式的建构。两宋在"大一统"框架下推进法律"一道德、同风俗"的模式。辽朝在南北异质文化下探索法律互通的模式。西夏在"蕃汉兼备"多元文化下兼容各种法律模式。金朝全面接受两宋法律治理模式。这些尝试的结果奠定了中国国家法律治理的基本版图,完善了多民族共生共存的治理经验,加强了统一政权的认同感。这种努力使传统中国国家法律治理模式获得了道路试错与经验积累,具有多元一统的法律文化特征,融合了中国各民族法律文化,极大丰富了中华法系的内涵。

Multi-Unification:the Integration of Song,Liao, Xia,and Jin Legal Culture

At the beginning of the Tang Dynasty, the establishment of the Chinese legal system represented by "Comments on Laws of Tang Empire" has condensed the legal spirit and governance wisdom of the Chinese nation. The "people-oriented" concept in traditional Chinese legal culture presents a distinctive "China" spiritual value characteristic of consonance as the most precious and pursuit of harmony. Since the Tang Dynasty, with the break of the Great Wall system, under the influence of the interweaving of farming and nomadic production methods in the Chinese legal system, the "people-oriented" concept has added the content of the harmonious coexistence of multiple ethnic groups. The overall legal value appears as a new complement to the integration of the world, the cultural integrity, and the integretion of the nations. During the confrontation between the Song, Liao, Xia, and Jin regimes, each regime constructed a new model of legal governance under the objective premise of the coexistence of different nationalities and multiculturalism. During the Song Dynasty, under the framework of "Great Unification", the legal model of "one morality and same customs" was promoted. The Liao Dynasty explored the mode of legal interoperability under the heterogeneous culture of North and South. Xixia is compatible with various legal models under the multi-culture of "both Fan and Han", and the Jin Dynasty fully accepts the legal governance model of the Song Dynasty. The results of these attempts have laid the foundation for the legal governance of the Chinese state, improved the governance experience of multi-ethnic coexistence, and strengthened the sense of identity of a unified political power. This effort has enabled the traditional Chinese national legal governance model to gain road trial and error and experience accumulation. It has the characteristics of a pluralistic and unified legal culture, integrates the legal culture of all ethnic groups in China, and greatly enriches the connotation of the Chinese legal system.