洪武年间《大明律》编纂与适用

明代在"常经"之法与"权宜"措置并用的情况下,法律出现多种形式,确实有"聿新一代之制作,大洗百年之陋习"的特点,不但较之前代法律多有创新和发展,而且使古来律式为之一变,既强化了君主专制中央集权制度,也适应了当时社会经济发展的需要。有关《大明律》编纂,以前多以《明史.刑法志》所讲吴元年、洪武六年、洪武二十二年,洪武三十年为编纂经过,而实际上还有洪武九年、洪武十八、九年律存在。考证律的编纂经过,探寻其发展变化,对《大明律》的形成就会有比较明确的认识,而探讨《明律》制定与当时适用的情况,更是了解洪武一代法制情况的必由之路。

Compilation and Application of the Da Ming Lv in the Years of the Hongwu Period

With a combination of enacting regular laws and implementing severe punishments in special cases,a variety of laws appeared in the Ming Dynasty and the feature was demonstrated of "innovation of laws while correcting the past hundred year’s defects," which not only brought up creation and development but also modified the old criminal law resulting in strengthening the centralization of autocratic monarchy and satisfying the demand of the development of society and economy.In terms of compilation of the Da Ming Lv(A Collection of the Criminal Laws in the Ming Dynasty and their Annotations),many,by reference of the History of the Ming Dynasty: Chapter of Criminal Law,took that the work was done only in the first year of the Wu Period and the sixth,twenty-second and thirtieth years of the Hongwu Period,but in fact one can find the law compiled in the years of the ninth,eighteenth and nineteenth of the Hongwu Period.Pursuing the compilation of the laws and studying their evolution and alteration may lead to a better recognition of the coming into being of the Da Ming Lv while analyzing the situation where the laws were made and applied is an indispensable way to know the legal system in the years of the Hongwu Period.