中国古代地方法制的功能结构与发展

为了统治超大型国家的需要,中国古代的法律体系形成了多层次多元化的结构。地方法制的存在成为国家的必然选择。统一的法律与不同习俗之间的矛盾,是贯穿地方法制历史演变的重要线索。其发展的历史趋势是:中央对地方的控制由粗疏而越来越严密,地区性特别法成为主要形式。地方法制的规范化程度越来越高,省例的形成便是这种规范化的结果。同时,官府与民间的互动在地方社会秩序形成与维系过程中的作用越来越强。

On Functional Structure and Development of Local Legal Systems in Ancient China

For the purpose of ruling the super large country,ancient China had formed a legal system with multi-level and diversified structure and the local legal systems are an inevitable choice for the whole nation.The contradictions between the uniform law and various customs were important clues throughout the historic evolution of local legal systems,following such trend as the central control was more and more intensified while the regional special laws became the major form.The normalization level was increasingly enhanced and provincial regulations became a major achievement of such normalization.Further,interactions between officials and citizens played an increasingly strengthened role in forming and maintaining the local social order.