The Study Of The Legal Articles On Monks And Taoist In The Qing Yuan Tiao Fa Shi Lei

“Jump out of three realms, not in the five row”, the Buddhist saying is known to all. It means otherworldly and free from the influence and restriction of secular world. However, in fact, Buddhists not only observe the Buddhist discipline,but also are strictly constrained by secular law. So do Taoists. The law of Buddhists and Taoists in Tang and Song’s code is the evidence.As the earliest and the most complete ancient code in China, the law of Buddhists and Taoists in Tang Lü Shu Yi is mainly about three aspects: Buddhists and Taoists’ s legal status, the qualifications of becoming Buddhists and Taoists and the criminal punishment of Buddhists and Taoists. Song Xing Tong, which was compiled in early period of Northern Song dynasty, was basically the same with Tang Lü Shu Yi in content. But compared with Tang Lü Shu Yi, Song Xing Tong added two new laws.Qing Yuan Tiao Fa Shi Lei was compiled in the period of the Emperor Ningzong of Southern Song, which the number of laws about Buddhists and Taoists outdistance Tang Lü Shu Yi and Song Xing Tong. From these laws, the procedure of ordinary people become Buddhists and Taoists that is to be a Tongxing, test scriptures, grant dudie and tonsure; the laws of abbot system, Buddhists and Taoists’ census register and purple clothes reflect management system about temples and Buddhists and Taoists in Southern Song dynasty code; when Buddhists and Taoists break the criminal law, they should assume legal liability and resume secular life; property inheritance and funeral expense also have a fairly sophisticated legal provisions.Compared with Tang and Northern Song’s code, Southern Song’s code was more detailed in regulating Buddhists and Taoists. Qing Yuan Tiao Fa Shi Lei almost regulate the Buddhists and Taoists’ s lifetime, from beginning to become Buddhists and Taoists to their death, even the disposal of heritage. These legal facts reflect that Tang and Song dynasty comprehensively manage and control Buddhism and Taoism and mark the strengthening of centralization in Southern Song dynasty, as well as the evolution of the relationship between politics and region in Tang and Song dynasty.