The Variety Of Legal Form Kaiyuan Heyday Of Tang Dynasty To Yuanfeng Period Of The Northern Song Dynasty

Through accumulation of Western Han and Eastern Han Dynasties legal practice and the process of theorization of the law,through two times the mass of legislative activities of the Wei and Jin Dynasties,traditional Chinese legal system had established a legal compilation system mainly including laws and decrees.the narration "Lv Ling Ge Shi"(????)developed the mature course the statute book system to Sui and Tang dynasties.However,from the middle Tang Dynasty to the Song Dynasty,a series of important changes took place in the traditional Chinese Society.The compilation of the narration "Lv Ling Ge Shi" was stopped since after the rebellion.Legal codifica of'Bian Chi"(??)and "Xing Tong" began to rise.The ancient China legal system transitioned from " Lv Ling Ge Shi " to "Chi Ling Ge Shi"(????).This article will study the change of legal form from the Tang Dynasty to the Northern Song Dynasty from the overall perspective,to make up for the lack of relevant research,with a view to a more clear understanding of the legal form of this period changes.The Tang and Song dynasties,the "Lv Ling" system(????)began to change to the "Lv Li" system(????).This paper selects three dimensions to elaborate,including "Xing Tong"(??)?"Ling"(?)?"Li"(?)."Xing Tong"represents the strong development of the traditional criminal law,symbolizing the rise of new legislation.The legal status of "Ling" declined in this period,representing the imperial period "Lv Ling" system disappear.The rapid development of "Li"in this period represented tthe emergence of the "Lv Li" system.In addition to the "Tang Song change" background reasons,the reasons of changes of'Xing Tong""Zing""Li" include three reasons.First,how to coordinate the relationship between the emperor's imperial edict and written law,is bound to affect the choice of the form of law.Second,the completion oflegal confucianization marks lawmaking exercise of development from its heyday to decline.Third,ancient law is a low degree of abstraction,requiring a lot of legislation,leading to the proliferation of law content and quantity,resulting in difficult retrieval.How to deal with the problem of simple and complex of legislation,the choice of the legal form will also be affected.