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The Collation And Research Of The Compilation Of Song's Regulations

Posted on:2006-11-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:H B MaFull Text:PDF
GTID:1116360152995776Subject:History of Ancient China
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"The compilation of Song's regulations" noted the rules and regulations in the Song Dynasty, a richest collection of Song's history. It can be divided into two parts, mainly studying the "criminal law".The first part is talking about "the criminal law in the Song's compilation" from the following four points:The criminal law" and "the compilation" are quite different The latter is made up of kind, phylum and item; a kind contains phylum, and a phylum includes item.The thesis argues the existence of "the criminal law kind" in the Song compilation.And a complementary evidence of the existence of the "punishing system" phylum was firstly made on the basis of the program of phylum being recovered; it could be conferred that the system was focused on the "crucifixion", including the part of "bastinado system". Thus, three different points were made, one is that "law institution" is of a phylum, but not of "criminal law" kind; the other is that the names of some phylum in the edition law was possibly added afterwards, not belonging to that of Song's compilation, the item of which should fall under the other phylum in the Song's compilation law; for example, such phylum as "death sentence", "discrepant sentence", "absolution", should go into those of "unjust charge", "trial concluding", "amnesty"; the third is that it is preliminarily presumed that the Song's compilation law phylum may covers sub-phylum, therefore, some of the edition law's phylum remain with the sub-phylum of certain phylum in the Song's compilation law. For instance, the "cangue" should be sub-phylum of "torture." Forbidding capture", "imperial imprison" is sub-phylum of "imprison bill". But the presumption is immature thought yet to further validated.The "item" of the edition law is not exactly of the "item" in Song's compilation law, partly because of its gaps and omissions; and partly because of its disagreement with the phylum or disorder, therefore, some supplements and adjustments are made to them by this thesis. In addition, four lost pieces have been made up.In the end, the Song' compilation of regulations, having been primarily decided that the original is on volumes basis, have been substantiated that the compilation has not only pandect, but also possibly volumes while the phylum content is long,furthermore, the volumes are not parallel to phylum one by one.All these have established the foundation of the recognizing and recovering the Song's compilation lawThe edition law includes annotations, blanks and comments. The annotations appear in the text in the form of small character, of which there five types: one refers to the source of the originals, clearly showing which compilations the original come from. And its purpose it to pout out that Song dynasty ever amended these compilations, and they embodies corresponding contents. This kind of notes are likely either from the song's compilation or from "Yongle Grand Ceremony"; the other indicates the notes of phylum name, which has some role in knowing the phylum of the Song's Compilation. It has confirmed that "feudal central judicial office "(Dalisi) existing in the edition law at present is of the Song's compilation phylum. These notes should be the original ones in the Song compilation. The third is to supplement and explain the notes of the original text, which are also of the original notes. The fourth makes clear of the gaps and omissions. The fifth shows those of the omitted similar contents. The last two can't prove that they belong to "the Yongle Grand Ceremony", or to those inserted by the writer of "the Whole T'ang's Articles"In the edition law, there are some blanks of missing words, some labeled by "formerly missing", and some without any indications. Compared with the repetition items in the edition, this thesis has got a result that the blanks in the original text are not in accordance with the actual missing characters, thus rejecting the ideas that the missing words equaled to the blanks, and stating the words filling will not exactly made according to the blank numbers where necessary.There are also comments in the editions. It should be pointed out that the comments were added by the trimmer after the collection of "the Yongle grand ceremony" by comparing the leftover of the Ceremony with the edition law and inspection. Three of the items were surely added by trimmer Ye Weiqing, and others possibly by Fei Yourong of Jiayetang. Finally, this thesis analyses the types, purposes and functions of adding comments, and also put right some incorrect comments.These surveys do make much sense to get to know and employ the edition law and to further know about the compilation law of Song Dynasty.It is the edition law originated from the source materials, and offers abundant information that it is of great value in the historic data. Therefore, it can be used to...
Keywords/Search Tags:The Compilation of Song's Regulations, The Criminal Law, Society of Song Dynasty
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