程树德《九朝律考》补遗一则——南齐“永明定律”考

"永明定律"是南齐时重要的修律活动,反映出当时特定时代背景下儒法并用的政治取向和承前启后的律学成就。由于参议人员复杂,加之当时政局纷扰,外事不宁,故此次定律活动的成果——"永明律"最终并没有公布施行。然而,虽未能修成新律,却又非无果而终,其律条文本与律学成果为后世所继承,成为后代修律和习律的重要参考文献,颇有助益于中古法史之演进。所缺憾者,此次修律多为史家忽视,乃至中古法史考据典范如程树德《九朝律考》者亦未提及。故有必要详加考证,以补缺略。

A Supplementary Study on Cheng Shu-de＇ s ＂Jiu Chao Lii Kao＂ ： Focusing on ＂Yong Ming Ding Lu＂

＂ Yong Ming Ding Lti＂ was a significant legal reform in the Southern Qi Dynasty （479-502） , which mirrored the policy of adopting both Confucianism and law within the certain social context and the legal achievement that served as a link between past and future. Due to the complexity of interpersonal relationship, the political situation and foreign affairs of that period ,. ＂Yong Ming Ltt＂-- the outcome of this legal reform-- was not put into force. However, this legal reform was not fruitless, because the legal articles and legal theories were inherited by later generations, and became important references of legal reform and study. Therefore, it has promoted the development of law in the middle ancient times. Unfortunately, this legal reform is neglected by many historians, thus, Cheng Shu-de and his ＂Jiu Chao Lti Kao＂ are buried in oblivion. Therefore, it shall be studied thoroughly to fill up a vacancy.