中国古代刑法禁约制度的历史考察

刑法禁约起源于北魏,造极于两宋,至明清而发生新变化。刑法禁约制度的调整对象和范围十分广泛。禁约条文是带有皇权干预特点的禁止性和命令性条款,与敕令格式的法律约束力相同;禁约独立于刑律之外,是与刑律并列的法律形式;禁约具有因时、因地制宜的特点,不具备常法的稳定性;禁约表现出中国古代法制诸法合体的共同特点。在刑律和敕令格式之外大量制颁刑法禁约,是法制建设适应经济社会快速变化需要的必然结果。

History Review on Prohibitive Decree System of Ancient Times of China

Originated from Beiwei and completed in Song,the Prohibitive decree changed during the Ming and Qing dynasty.The object and range of the prohibitive decree system was very widely.It’s terms were prohibitive and injunctive which present characteristics of imperial power or authority and it’s legally binding was same as the prohibitive decree paralleled with and was independent of criminals,incording to time and place.It was no stable as ordinary legal provision,but presented a commom trait that various kinds of laws were integrated in ancient times of China.Besides the criminals and the edict,Issue of a lot of prohibitive decrees reflected an inevitable consequence that legal construction must be adapt to requirement of development of economic and society.