论《唐律疏议》的形成、结构和影响

《唐律疏议》初步形成于唐永徽年间,基本定型于唐开元时期,今传《唐律疏议》大体就是开元二十五年律疏。《唐律疏议》包括书名、目录和正文三部分。书名在宋朝是否已经出现,颇为可疑,但到元朝,它的存在则已是有目共睹的事实;目录应是形成于唐朝,但也仍有疑问需要厘清;正文包括律文和疏文两部分,也都是仍唐朝之旧,有学者认为篇目疏议系唐朝以后所添加,这样的说法并不能成立。《唐律疏议》对后世产生深远影响,五代宋金都将之视为现行法,在元朝是司法活动的重要参考,明清两朝也是制定律典的重要依据。《唐律疏议》对日本法律也有巨大影响,日本古代法典《大宝律令》、《养老律令》都是以永徽律疏为蓝本编纂而成,极大地推动了日本古代法律体制的形成与发展。

On the Codification, Constitution and Affect of the Tang Code

The Tang Code was at first codified at the Yonghui period, and modified at the Kaiyuan period. The Tang Code which has been read today is the one being modified at the Kaiyuan period. The Tang Code has three parts： title, table of contents and the main body. The title had existed in the Yuan Dynasty. The table of contents maybe had existed in the Tang Dynasty. The main body which includes articles and their comments is written in the Tang Dynasty. The viewpoint, which asserted that the comments about the tides of the chapters were written after the Tang Dynasty, is not right. The Tang Code had great affect on the later Dynasties, which was the existing law In the Five Periods and Song Dynasty, the important reference for the judgment In the Yuan Dynasty and important basis in the legislation in the Ming and Qing Dynasties. The Tang Code also had great affect on ancient Japan. Both of Taiho Code and Yoro Code which were the most important ones in the ancient Japan were all codified on the base of the Tang Code.