Legal Perspective Sui And Tang Buddhist Studies

To research Buddhist management in Tang and Sui Dynasty from a legal perspective, is a rarelyinvolved topic. As the center of Tang Lü Shu Yi (Commentaries on Laws of the Tang dynasty) andDao Seng Ge(Regulations on Taoist and Buddhist affairs), by collecting and repairing theancient legal provisions, studying the legislative background of the time, discussing the implementresult, this dissertation strives to get a comprehensive and objective understanding of the Buddhistgovernance according to the law in Tang and Sui dynasty, Hopes to provide some usefulreferences for today's religious management and religious legislation.To research the interreaction of the laws and Buddhist management in Tang and Sui Dynasty, wehave three steps to begin with. First is to compile all the provisions from Tang dynasty laws(which are formulated in four formats, Lü, Ling, Ge, Shi)which are related to Buddhist directly orindirectly; secondly, by studying and demonstrating the taking shape, remainings and properties ofthe be-lost religious legislation in Tang Dynasty, the conclution that Dao Seng Ge had written in636as a subordinate sector of Cibu Ge (the law promulgated by the Government agency whichwas in charged of religious affairs) should be obtained. Dao Seng Ge, from the day it was born,was considered as special religious regulations applied both to Buddhist and Taosit affairs. Thethird one is to restore the be-lost Dao Seng Ge on the basis of monks and nuns Ling in ancientJapan and concerned historical data of China. Using for reference of previous achievement onrecovery of Dao Seng Ge, this paper has repaired31clauses altogether.Next, after relatively comprehensive legal material being acquired, this dissertation made a furtheranalysis of the content of Dao Seng Ge. As the religious regulation of Tang Dynasty, Dao Seng Gehas apparent distinctions in the kinds of punishment which regards "hard work" and"secularization"as its main kinds of punishment, and in the definition of Jurisdiction whichstipulate that monks and nuns should be sentenced by monastery or by feudal official depend on ifthe prison term they deserved outnumber one year. Having three sources of law, which are laws ofTang Dynasty (Lü, Ling, Shi), clergy system in former Dynasties, The precepts of Buddhism andTaoism, Dao Seng Ge is a mix product of them. As a section of Tang Dynasty laws, although DaoSeng Ge is set up as a special law, it still show many common characteristics of Chinese legalsystem such as "intermixing of all kind of laws","identical of Criminal law and Civil law", "imperial authority overtop the law","patriarchism". Go so far as to legislative principles,Dao Seng Ge strictly abide by the criterion for maintaining imperial rule, hierarchy and privilegesystem, patriarchal system.Aside from the appearance of Dao Seng Ge.,"Buddhist monks and nuns, Taoist priests"appeared in the Lü-laws and Ling-laws in Tang Dynasty as independent legal subject too. Aroundthe content of Dao Seng Ge and combine the Compilation of religious regulation clauses in TangDynasty, the paper make further investigation into the influence of Buddhism on legislation andjudicature in Tang Dynasty. Generally speaking,there are several ways thought which Buddhismexert its impact on legislation, such as modifying the spirit of the legislation by convertingemperors to Buddhism, transforming buddhist precepts into legal forms, setting the buddhistcustoms as special case in criminal penalty, A large number of Buddhist terms are absorbed intothe legal language. The evidences which indicates Buddhism penetrated into judicature in TangDynasty are found in some area such as the monastery's participation in criminal Judgment; thecomplementary effect to feudal five penalties system of the special punishment "hardwork"and"secularization"from Dao Seng Ge; in the forbidding of committing executations in thebuddhist ramadans and feast days; the installing of halls for worshipping the Buddha in prisonwhich for moralizing prisoners. The so-called impact is a mutual action that the Tang Dynastylaws were also altering the direction of development of Buddhism while Buddhism left profoundmarks on the Tang Dynasty laws. The social hierarchy of monks and nuns was located betweenbureaucratic aristocracies and the common people by laws, groups of monks were regarded as layfamilies and were sentenced according to consanguinity system of Tang Dynasty laws. All of thoseencouraged monks and nuns more and more attaching to temples, which had been become theirnow"home",and played a role in fueling the secularization of Buddhism.In short, with the spread of Buddhism and the growing up of Buddhist class, Buddhism began toplay a key role in traditional culture. In charge of balancing all kinds of social relationships, lawswere unavoidably branded by Buddhism in legislation and judicature. At the same time, thepractice of administering Buddhism in accordance with the law accelerated the secularization andethicsation of Buddhism, so that the temples were transformed into a half-official institutions withreligious, administrative, judicial functions, and became the second home of monks and nuns afterthey were tonsured.