After the founding of the People's Republic of China, academic research has not really been carried out for a long time due to the influence of the left-wing thought within the party. Under the double interference of historical nihilism and legal nihilism, the study of ancient law is particularly weak, and almost no works have been published except a few papers. Since the implementation of reform and opening up, the academic circles have first resumed their research on ancient laws, which was once prosperous. Because the existing laws in China are completely decoupled from the ancient laws in style, content and theory, the study of ancient laws cannot directly serve the reality. Therefore, contemporary legal research is a part of China's legal history. Mainly manifested in the textual research, compilation, proofreading, annotation and translation of ancient codes, as well as doubts. In the past ten years, I have achieved gratifying results and published dozens of papers. Among them, Zhang Jing's Analysis of the Authenticity of Quotations in the Seven-year National Examination (see Legal Studies No.4, 1983), Pu Jian's Argument on Falsification in Legal Studies No.4, 1984, and Chu Yan's Simplified Books. New Notes on Han Laws (published in Journal of Social Sciences of Jilin University, No.2 1980), Xue's analysis of the method of folding sticks in the Northern Song Dynasty (published in Journal of China University of Political Science and Law, No.1 1983), and Ming Dynasty. His works include: A Study of Sui Law by Ni Zhengmao. In Taiwan Province Province, some old legal historians in the 1920s and 1930s continued their legal research, and some new stars rose. The research papers mainly include Xu Daolin's Notes on Lost Articles in Song Dynasty and Zhang Chongchong's Brief Interpretation of Laws and Regulations in Qing Dynasty. His works include Pan Wei and Textual Research on Qin Law. Due to the unearthed bamboo slips such as Qin Bamboo Slips and Han Bamboo Slips, the research on the laws of Qin and Han Dynasties in contemporary China is more in-depth and accurate than that of the previous generation, and the research on the laws of Sui Dynasty and Ming Dynasty is also more advanced and perfect. Research on some specific problems has also made progress. However, compared with modern jurisprudence, contemporary jurisprudence lacks such masterpieces as Textual Research on Nine Dynasties' Laws and Criminal Records of Past Dynasties. The weak links of legal research, such as the Five Dynasties and the Song Dynasty, need to be enriched, and blank areas, such as the Southern and Northern Dynasties, need to be supplemented. Contemporary legal research still needs to be strengthened.
At present, the main works on the study of modern jurisprudence are summarized as follows:
Bamboo Slips of Qin Tomb in Shuihudi1975 65438+February, twelve tombs from Warring States to Qin Dynasty were excavated in Shuihudi, Yunmeng, Hubei Province, among which a large number of Qin bamboo slips were unearthed in Tomb 1 1. After careful splicing, there were a total of bamboo slips155 pieces. Bamboo Slips of Qin Tomb in Sleeping Tiger Land were compiled by Liu Hainian, Gao Feng, Qiu Xigui and Li Xueqin, and published in 1978. The contents of the bamboo slips include: chronology, Yu Shu, Eighteen Laws of Qin Dynasty, effective law, miscellaneous copying of Qin laws, answers to the laws, the true history of hexagrams, and the way to be an official. , mainly the laws, legal interpretations and documents of the Qin Dynasty. Among the ancient Chinese laws, none of the laws before the Tang Dynasty were completely preserved, while the laws of the Qin Dynasty were basically lost. The legal provisions in Yunmeng Qin bamboo slips provide us with very valuable information for studying the Qin and Warring States periods and understanding and confirming the laws of the Han Dynasty. Because the words on the bamboo slips were written by Li Qin, who has a brush and ink book, there are few or unclear words in many places, which makes the provisions of Qin bamboo slips more difficult to understand. The finishing team annotated the bamboo slips of Qin Tomb in Shuihudi, corrected the typos and orthography in the original text, and translated the full text for easy reading and understanding.
New Notes on Hanshu. History of Criminal Law of Han Dynasty is the first book in the twenty-four history to describe the legal system and its changes from ancient times to the Western Han Dynasty. It contains a wealth of legal information. In order to facilitate reading, Angel Niu Ji annotated his long-term experience in teaching ancient French. He wrote 29 natural paragraphs and 4 main paragraphs respectively. Attached to the biography, there are notes.
Ma Jianshi is waiting for "Notes on Old Tang Books and Criminal Records". Chronicle of Old Tang Law summarizes the evolution of etiquette and law in ancient China and the torture in Sui Dynasty, describes in detail the changes of criminal legislation and laws in the past 300 years in Tang Dynasty, and also quotes the suggestions and remarks of Chen Ziang and Han Yu on leniency of punishment and revenge of children on their fathers. It is an important material for studying the laws of Tang Dynasty and its previous generation. In order to facilitate understanding, Ma Jianshi and others annotated it. The notes are detailed and popular.
Notes on Song History and Criminal Law, edited by Institute of Political Science and Law, Shanghai Academy of Social Sciences. The History of Song Dynasty Criminal Law Annals consists of three parts: law, prison administration and criminal law. This book is a commentary on the first part of the law. The author thinks that The History of Song Dynasty is a miscellaneous official history book, and its criminal record is too simple, and it lacks a system for some important issues in the legal system of Song Dynasty. Therefore, in the preface of the book, it took a long time to supplement the legal system of the Song Dynasty, and then annotated the laws and regulations and criminal records of the History of the Song Dynasty paragraph by paragraph. This book is an important material for studying the laws of the Song Dynasty.
The Study of Sui Law was written by Ni Zhengmao. The writer is a researcher at the Institute of Law of Shanghai Academy of Social Sciences. The Study of Sui Law consists of six chapters. Contrary to the "backward deduction method" commonly used by predecessors in studying Sui Law Firm, the author uses the method of Tang Law to explore the information of Sui Law from the existing history books and study Sui Law from the front. On the basis of the materials of the legal examination in the Nine Dynasties and the history of China's legal development, the author also found abundant materials from the historical books such as Sui Shu, Old Tang Book, and Northern History, which made the Sui Dynasty law present to people with unprecedented richness. This book makes a careful analysis of the traditional view of "Qi Zhi Duo Cong" in Sui Law, and holds that the Northern Zhou Law is also one of the blueprints of Sui Law. According to historical records, 1235 was deleted from the Law of Emperor Kai, while there were only 949 articles in the Law of Northern Qi and only 1537 in the Law of Northern Zhou, which should be deleted. The people who participated in the revision of the Law of Opening the Emperor were all old ministers or criminal officials of the Zhou Dynasty, and some of them also participated in the revision of the Law of the Northern Zhou Dynasty, which is a living Zhou law. Therefore, the Northern Qi Law is the blueprint of the Emperor Law, but it is not the only blueprint. The author also reevaluates the status of Sui law, and thinks that many legal systems in feudal society, such as five punishments, ten evils, twelve articles and five hundred articles, are based on Sui law rather than Tang law. Sui law had little influence because of the rapid demise of the Sui Dynasty, but it influenced later generations and East Asian countries through the Tang law. The publication of "Research on Sui Law" greatly improved the weak status quo of Sui law research.
A Study of Yang Yifan's Ming Da Gao. Yang Yifan (researcher, Institute of Law, Chinese Academy of Social Sciences, director of legal history research office. Research on Ming Dazhao is the author's masterpiece. The publication time and source of the book Dagu are mainly based on Ming Taizu Zhi, Ming Jing Ji, Ming Taizu's Legacy, Cheng Yi's Bo Wen Ji, Ming History, Tan Qian's Lack of Country, Lu Ya Ming History, Gu Yingtai and Sun Chengze Ming History. The author thinks that the first three editions of "Big Draft" are November in the 18th year of Hongwu, mid-19th year and after February in the 20th year. Si Bu Da Gao has an unspecified date of 6 1 item, which the author thinks is a case of Hongwu's twenty years. This book analyzes the characteristics of Dagu: the use of extra-legal punishment, severe punishment for officials and severe punishment for instructors, and then thinks that "severe punishment for officials" is the starting point of extra-legal punishment and severe punishment for officials, and it is the basic measure and important content of "severe punishment for officials". The integration of the three forms the core of Zhu Yuanzhang's policy of ruling the country with heavy code, and * * * embodies the basic spirit of Dabao. The book also makes textual research on the version of Da Tan, pointing out that "Hongwu Neifu printed version has the earliest publication time and the least mistakes", and collates three existing Hongwu printed versions of Da Tan, pointing out their differences. The book is accompanied by four editions of Dagu, with more than 400 proofreading notes. Many lost articles, incorrect articles, derived words, inverted words, doubtful names, place names and difficult dialects are annotated or verified. This book contains the proofreading table of major editions of Da 'an, with an index of Da 'an names. List description is a major feature of this book, which has 98 pages of various forms.
Textual research on Yang Yifan's Hongwu legal classics. This is a comprehensive study of the laws of the early Ming Dynasty, such as Daming Law, Grand View, Ming History of Daming, and List of Laws. The author thinks that the record of the formulation of Daming Law in Ming History Criminal Law is too simple, so it is necessary to sort it out. He divided the formulation process of Daming Law into three stages: the first year law of Hongwu, the seven-year law, the eighteenth and nineteenth-year law, the twenty-second year law and the thirty-year law. And textual research one by one, pointing out that the Law of the First Year of Hongwu was first set in the first year of Wu, promulgated in the first year of Hongwu, and has been divided into six parts. Hongwu's seven-year law is accurate to the Tang Dynasty, with 606 articles. Hongwu nine years, revised by Hu, and. In eighteen or nine years, the law was changed to six parts. In twenty-two years, the law was basically finalized. In the 30-year law, the 22-year law is slightly modified, and the patent article 147 is attached. At this point, Daming Law was completed. The author compares Ming law with Tang law and Yuan law, and agrees with Xue's argument that Ming law "lightens its misdemeanor and weighs its heavy punishment". On the whole, the punishment used in Ming law is heavier than that in Tang law. Except for political crimes, the penalty of Yuan law is lighter than that of Ming law. With regard to the implementation of the code, the author thinks that although it is influenced by big patents, extra-legal documents and lists of laws, it is basically implemented. From the first year of Hongwu to thirteen years, and from twenty-seven to thirty-one, the total time of extrajudicial punishment was less. The author also analyzes the influence of Zhu Yuanzhang's legal thought on the formulation and content of Daming Law. With regard to Dagu in Ming Dynasty, the author made a serious textual research and study on its promulgation time, origin, extra-legal punishment, severe punishment for officials, legal effect, abolition and its relationship with Zhu Yuanzhang's thought of "punishing officials in Ming Dynasty". In the part of "one outside the law, one in Lingling", the author first sorts out the essays in the early Ming Dynasty and analyzes their contents, pointing out their characteristics: "It is the concretization of the Ming law; Severe punishment, heavier than similar laws; Reiterate the prohibition of Dahao; There is a strong color of ruling the people with heavy code. In the section of "Textual Collation", the author points out the versions of Daming Law, Dabao Law and Wu Hongliu, collates and compares several existing versions, and points out their differences. A striking feature of this book is its rich information and clear organization. The author has widely adopted the records of Ming Dynasty, Renzong, Gu Yingtai's Chronicle of Ming Dynasty, Nanjing Criminal Record, He Rudong's Four Laws of Emperor Zu, Lu Jian Bian, Wanli's Ming Hui Dian, Tan Qian's Guo Hui Dian and so on. For many questions, the author lists and has a table on page 104 in the specification.
Zhang Jing's Notes on Historical Records of the Book of Jin. Zhang Jing, a professor at Southwest University of Political Science and Law, has accumulated knowledge of legal history after retirement. Regardless of his age and exhaustion, he devoted himself to meditation and tried to annotate the Book of Jin Criminal Records. The Book of Jin Criminal Records contains the legal achievements of Zhang Fei and Du Yu, which is rich in information, equivalent to a general legal history from Tang Yu generation to Jin Dynasty. The legal history is very valuable, especially in the Wei and Jin Dynasties. Among them, the legal documents in Wei and Jin Dynasties were influenced by the style of parallel prose at that time, which were beautiful in literary style and mysterious in meaning, so they were called difficult to read. However, there are many special terms and terms about ancient laws in Historical Records, which are difficult for people to understand today. With this note, everything can be smooth.