Current location - Education and Training Encyclopedia - Graduation thesis - Legal papers in Tang dynasty
Legal papers in Tang dynasty
First, build an international system centered on the relationship between monarch and minister.

(a) Pursuing moral or legal authority.

The origin of China's theory of foreign relations can be traced back to the Zhou Dynasty, or even further. However, the practice of building an international relations system as a unified dynasty should begin in Qin and Han Dynasties. The Qin Dynasty perished in a hurry, and the early Han Dynasty was crushed by social depression. Therefore, the period of Emperor Wu of the Han Dynasty is an important period for the formation of the international relations system.

The goal of this system of international relations is to establish the central leading position of the Chinese dynasty, to determine the order between neighboring countries and China, and to determine the basic principles and etiquette norms of exchanges between countries. Its ideal goal is to establish the relationship between China and neighboring countries, not only to gain the highest authority in international politics, but also to gain great support in ethics and become a symbol of international justice. This is the application of the domestic political system to international relations.

However, international politics is very different from domestic politics. As long as it is not to conquer and annex enemy countries, it is impossible to rule other countries like subjects. If the direction of domestic politics is centralization of power, then the direction of international politics is just the opposite, that is decentralization of power. Moreover, a society under the rule of state power can establish moral norms. However, in an international society without a unified power center, different modes of production and living customs form different cultural traditions, and it is difficult to establish a unified value and moral system. Therefore, international relations are more realistic and highlight the interests of different countries.

In the face of the realistic interest relationship between many countries, to establish some form of power center, we must first have strong strength; Secondly, efforts should be made to establish international ethics and values, which are not as complicated and idealized as domestic ethics, but must be concise, acceptable or understandable by nations or countries with different cultural backgrounds and operable. Only when international political power and international ethics complement each other can a relatively stable international system be established. The international system and its leaders will not be stable unless widely recognized international ethics and values are established. International relations based entirely on strength are bound to be turbulent. Once the balance of power is broken, it will be turmoil and war.

Apply the principle of "Dehua" to foreign relations. In fact, it is far-sighted to rely on cultural advantages and domestic political principles and moral concepts to establish international ethics and values, build an international system and seek a long-term stable international environment. Of course, "Dehua" is not utopianism divorced from reality. It relies on strong national strength, including military and economic strength, and also includes the cultural attraction of externalization into an advanced system. On this basis, it seeks to establish a system of international relations between monarch and minister. In other words, the ancient dynasty of China pursued the power with moral or legal authority, became the leader of the international system, assumed the leadership responsibility and the obligation to protect the vassal state, and played the role of arbitrator in international disputes.

Therefore, the international system dominated by the monarch-minister relationship that China sought to establish was closer to the relationship between the king of Zhou and the vassal states in the Western Zhou Dynasty, rather than the centralized monarch-minister relationship established after the Qin and Han Dynasties, which was determined by the domestic political tradition and the reality of international relations. It is true that China's thoughts and policies in dealing with foreign relations in ancient times can be placed on the extension line of "China" and "the world" gradually expanding. But as a unified country, its efforts to build an international system began in the Qin and Han Dynasties.

(B) the ideal goal of diplomatic relations-the relationship between monarch and minister

The Qin Dynasty established the first centralized unified empire in China, abandoned the feudal system since the Western Zhou Dynasty and implemented the county system. The central power directly permeates the localities, and the monarchical power is supreme. At the same time, monarchical power also has the orthodox authority from "heaven", giving it the legitimacy of power. Bringing monarchical power into the international system can not only make China have supreme political power, but also have moral authority. Therefore, it is undoubtedly most beneficial for China to establish the relationship between monarch and minister in the international system.

In ancient China, the relationship between monarch and minister was successfully established in the international system, which benefited from China's great advantages in political system, economy, military affairs and culture over neighboring nations or countries, especially in East Asia. When the Qin and Han empires were established, the Korean peninsula and Japan were still in a state of numerous tribal countries, and they needed to introduce culture and technology from Qin and Han dynasties to improve themselves. The cultural advantages of ancient China were transformed into political advantages.

However, monarchs and ministers in international relations are different from those in a country's internal affairs. Ministers in China are people under direct rule, while ministers in international relations belong to their own nation or country, so the methods of rule are different.

"Minister" means obedience. However, there is an important difference between individuals and tribes or even countries as units. Shangshu Jiugao recorded the words of abstinence at the beginning of Zhou Dynasty:

Vietnamese diplomatic service, Hou Diannan Wei Bangbo; The more convinced they are, the more people who live in Liao Bai, Yin Shu, Victoria, Yu Wei and Zonggong. It can be seen that the Shang Dynasty was divided into oral administration and external use. The inscription in "Great Yu Ding" records: "I heard that Yin has fallen early, and it is better to treat Yunnan with Yin and be honest and white", which can confirm each other. The Western Zhou Dynasty inherited the practice of Shang Dynasty, Ji Wang took it orally and the other was used externally. According to the above five clothes, although the internal and external clothes are different in space, as far as ministers are concerned, the internal clothes are all ministers of the Zhou Dynasty, and the foreign clothes are all vassal States. Therefore, the abbreviation of Tang Gong Yan in "Li Yan" is: "The princes and ministers of the township, the leaders of the land are foreign ministers, and the court is the minister of the interior." Qin unified the whole country, courtiers expanded to the whole country, vassal countries that were foreign ministers were eliminated, and individuals went to the court as ministers of the interior.

It is worth noting that the situation of group service returning to Qin has not disappeared. "Questions and Answers on Law": "Envoys (princes) and foreign vassals", [1](P229) shows that there are vassal states and foreign vassals besides Qin. In addition, in the "legal question and answer", I also saw:

1. "A vassal who is not at ease with his master and wants to spend the summer is not allowed." How can it be called "summer"? Going to Qin is called "Xia Xiang".

2. "The true maharaja is guilty, and the crime is greater than the past, so he is redeemed." How can it be "true"? Not to say "true", but the state of the princes' parents having children. Can (why) it be "Xia Zi"? The father of the vassal and the mother of Qin are called Shu (also).

3. Warlords are really military leaders, and knights are superiors. These three definitions of "vassal state" are interrelated. According to the article 1, there were also "princes" in Qin dynasty, who were dissatisfied with their masters and wanted to leave, and at the same time left Xia (Qin). The collator of Bamboo Slips of Qin Tomb in Shuihudi interprets "vassal state" as "ethnic minority", which seems to be further analyzed. Because the third law shows that those who belong to barbarians, such as Rong Di, are called "princes and princes". According to the second article, a person who is purely a vassal is called a "real vassal"; A vassal can intermarry with the Qin people, and the children born belong to the Qin people. From this point of view, the vassal States have special administrative regions within the Qin Dynasty and foreign countries outside the Qin Dynasty. Not all the people in the Special Administrative Region are foreign, but some of them should be local.

As far as the actual situation is concerned, there is a special administrative region "Dao" under the rule of Qin, [2] which is a county-level administrative division. "The History of the Later Han Dynasty, E.N.T. Branch" records: "The king of the county said that barbarians ... were all controlled by Qin." According to the records of the Western Han Dynasty, there are 32 kinds of Taoism. ② 17 can be found in Qin dynasty. (3) Qin Taoism is mainly distributed in the old places of the former Qin State, especially in Longxi, Shu, Beidi and other counties, where indigenous people and foreigners live together. [3] It can be seen that the Qin State implemented special management measures for uncivilized and ethnic minority areas to help them gradually adapt to and integrate into the Qin Dynasty. Later dynasties also inherited this method.

There is a law about Taoism in the Qin Law: "A Taoist official who loses a servant or concubine and receives someone must pay compensation, but he has no clothes and a wife. The subject continues to eat clothes according to law. " [1](P 1 10) Obviously, Tao is dominated by Qin law. It is worth noting that this law is the law of a subordinate country. According to the notes on this law made by the organizers of bamboo slips of Qin Tomb in Shuihudi, the vassal state is an institution for managing ethnic minorities, which can be seen from the inscriptions on Qin weapons. In the Han Dynasty, Liu Bang was renamed as a vassal state and a classical state to avoid anonymity. The vassal state, that is, the "vassal state" referred to in the Qin law, appeared before Qin unified the whole country. [4] The so-called "vassal state", "Han Huo Qubing Biography" Yan Shigu commented: "It belongs to Han without changing its customs, so it is a vassal state." The key is not to change the original organizational structure and production and living customs of the country, but to serve the Qin and Han Dynasties. Judging from the actual case, after Emperor Wu defeated the Xiongnu, he was "divided into five counties, so they were all outside the Great Wall, but they were all in Henan, and they belonged to the country because of customs." [5](P2483) It shows that the purpose of the large-scale conquest of the Huns in the Han Dynasty was not to directly occupy their land, but to make the Huns submit. Therefore, after the Huns surrendered to the Han Dynasty, the Han Dynasty retained the original social form and placed it inside and outside the Great Wall. As a vassal state, the subordinate relationship between monarch and minister was established.

The vassal States can be understood on the extension line of the Qin Special Administrative Region. Of course, the "ministers" who serve the state of Qin by tribe or country are different from the internal ministers in the state machine of Qin, but belong to the "foreign ministers". Foreign ministers are not internal and external in space, but internal and external in political relations, which can be manifested in many aspects. For example, in terms of etiquette, Zheng Xuan noted in "The Courtesy House": "Give three officials rank, not internal and external ministers." Importantly, in national politics, "the foreign minister doesn't know about the state affairs", [6](P3 185) is only a vassal state of Qin and Han dynasties and does not interfere in China's internal affairs. The central plains dynasty had the responsibility to protect the vassal states, and the vassal states also had certain obligations to China. Fragments in Hanshu;

Ren Chang, the prime minister, said, "The Huns are in new trouble, so it is advisable to make them foreign ministers and invite them to the border." (Biography of Xiongnu, Volume 94)

The world will be filial and virtuous, and the world will aspire to the beginning of high school. Liaodong satrap is full of foreign ministers, protecting the barbarians outside the Great Wall and not stealing the edge; Barbarian monarch mainly sees the son of heaven, which cannot be banned. Smell it and say yes. As you can know, foreign ministers of all countries live in border areas, so they must prepare troops to enter the DPRK on a regular basis, defend China's border fortress, ensure smooth roads, and enable other neighboring countries to go to China to meet them.

(c) Patriarchal ethics and kinship

The relationship between monarch and minister is the ideal goal that China ancient dynasty hoped to achieve. The relationship between monarch and minister in politics is the relationship between father and son in blood. Shang Shu Hong Fan said: "The son of heaven is the father of the people and has become the king of the world." It should be noted that parents in ancient China did not have much power. The so-called "parenting" emphasizes loving the people as children and governing the country by virtue. It was not until absolutism was strengthened that patriarchy and husband power were greatly strengthened due to the active support of state power. In the Ming and Qing dynasties, they became the pillar of autocratic rule together with monarchical power. So the relationship between father and son in different times is very different.

In the early days, the patriarchal clan system was added to the political relationship between monarch and minister, more for the purpose of strengthening the ties between the two sides through blood relationship and making the strict political order full of affection and flexibility. The relationship between Han Dynasty and Xiongnu is a good illustration. At the beginning of Han Dynasty, ancestor Liu Bang went to Xiongnu and was defeated by Deng Bai. Endure humiliation and change careers, and marry Khan as the daughter of the imperial clan. The two sides are about brothers. Since then, Hejing and Jing dynasties have maintained close relations with Xiongnu. So Xiongnu Khan said, "My son, I dare to see the emperor of the Han Dynasty! Han, I am a husband. " [7](P3777) Yugong, the two sides of the strait are about brothers; In private, Emperor Xian of Han Dynasty and Hun Khan were both Weng Xu. Emperor Wu of the Han Dynasty defeated Xiongnu until Ganlu, the second year of Emperor Xuandi of the Han Dynasty (52 BC), and Xiongnu Khan became a vassal. Han and Yuan emperors married Hun Khan with Wang Zhaojun, and the two sides were monarch and minister in state relations and Weng Xu in family relations.

From the perspective of family generation, through the marriage of the eldest daughter, the two sides formed the relationship of Weng Xu, and the next generation became the relationship of nephew and uncle. In China, there is a long tradition of closely combining blood relationship with political relationship. As far as the Western Zhou Dynasty is concerned, its feudal system is based on patriarchal marriage. Mr. Fan Wenlan concluded:

In the Zhou system, the same surname is immortal, but it is not allowed to marry. In this way, both brothers with the same surname and nephews and uncles with different surnames are related by blood, which can increase contact. Zhou called the princes with the same surname uncles, and the princes with different surnames uncles. In China, the vassal called Dr. Qing and changed his surname to uncle. I want to see Shu Ren with a clan and Shu Ren without a clan marry each other, and keep the relationship with my nephew and uncle. From the emperor to the common people, on the basis of patriarchal clan system and marriage, the whole social organization carries out the feudal spirit. [8](P 136) The Western Zhou Dynasty combined the patriarchal clan system with the feudal system, which not only dealt with the relationship with vassals, but also dealt with the complex ethnic and political relations of many nationalities, and successfully integrated them into one, forming the "summer" under the Western Zhou Dynasty. The successful historical experience of the Western Zhou Dynasty provides a reference for future generations to deal with the relations between countries. The brand of historical tradition can be seen in various relationships such as monarch and minister, father and son, Weng Xu, brother and nephew.

Second, conferring, imprisoning and paying tribute.