摘要
文章梳理了五代时期的8次立法,认为以往学界多因五代的"滥刑"及司法黑暗而忽视甚至否定五代的立法,其实五代的立法承上启下,多有建树,其对宋以后的法律体系具有深远影响。由于对五代法律的全面研究尚有待深入,作者从梳理基本史料入手,以立法为中心,提出了五代立法技术、御史台在立法中的地位日益重要等值得关注的问题,并考辨了重刑与滥刑的不同。
This paper sorts out the laws made on eight occasions during the Five Dynasties. The paper argues that scholars in the past ignored and even negated the laws made during the Five Dynasties mainly because of ＂abused punishment＂ and judicial darkness that prevailed throughout the Five Dynasties. As a matter of fact, the laws made during those periods formed a connetting link between what had come before and what happened later; most of them made notable contributions, which had far - reaching influence on the legal systems formed after the Song Dynasty. As the laws of the Five Dynasties are to be studied in a comprehensive manner, this paper, which starts by reorganizing fundamental historical materials and centers on legislation, puts forward a number of noteworthy issues concerning the legislation technology in the Five Dynasties and investigates the difference between severe punishment and abused penalty.
出处
《上海师范大学学报（哲学社会科学版）》
CSSCI
北大核心
2008年第2期29-33,共5页
Journal of Shanghai Normal University(Philosophy & Social Sciences Edition)
关键词
五代
立法
重刑
the Five Dynasties, legislation, heavy punishment
