中國의 禮典과 律·令·格·式 : 法史的 考察 The Study of Chinese Legal History = The Lidian and Lu-Ling-Ge-Shi of China

다국어 초록 (Multilingual Abstract)

The study of legal system and history in East Asian Countries is impossible, unless we consider the Chinese legal system and history.
Therefore, we are to study the system, mutual relation, history of enactment and specific character about the Lidian(禮典) and the Lu-Ling-Ge-Shi(律�令�格�式) for the basic study of the legal system and history.
In chinese society, there had been the order and norm of the Lidian(禮典) and Fa(法) since ancient times, but the Lidian(禮典) was the chief part and the Fa(法) was subject to it.
The Fa(法) was the means of realizing the Lidian(禮典), the common people were not tuled by the Lidian(禮典) and the nobility was not ruled by the Fa(法), therefore the Lidian(禮典) was the norm of the governing class, the Fa(法) was that of the governed.
The Lu-Ling-Ge-Shi (律�令�格�式) are titles of 4 codes of laws, which the Lu(律) is criminal law, the Ling(令) is the law of civil administration, the Ge(格) is the law of reformance for the Lu-Ling(律�令) and the Shi(式) is the detailed rule relative to the application of the Lu-Ling-Ge(律�令�格).
In these codes of laws, the Lu-Ling(律�令) are fundamental laws aiming at the imperial ordinance and punishment, and the Ge-Shi(格�式) are assistant laws for maintenance and enforcement of the Lu-Ling(律�令).
The numbers and contents of volume's items of the Lu-Ling(律�令) are distinguished a little in every dynasty.
The Tang's Lu-Ling(唐律令) were the most outstanding Lu-Ling(律�令) in China, then the Tang-Lu(唐律) was of 12 volume's item(篇目) and th Tang-Ling((唐令) was of 27 volume's item(篇目).
Mutural relations of the Lu-Ling-Ge-Shi(律�令�格�式) as follows.
1. If one has violated the Ling(令) i.e. the law of civil administration, one should be punished in accordance with the Lu(律) i.e. criminal law.
2. The Lu-Ling(律令) were revised by means of the Ge(格).
3. The Shi(式) had provided the detailed-rule relaive to the applications of the Lu-Ling-Ge(律�令�格) .
4. The exceptional matter of the specified Lu(律) had been provided with the another Lu(律).
5. The contents of the Lu(律) had been provided by the Ling-Ge-Shi(令�格�式).
The History enactment of the Lu-Ling-Ge-Shi(律�令�格�式) as follows. The Lu(律) originated from the age of civil war(戰國時代) and the Ling-Ge-Shi(令�格�式) could be traced back to the Tsin(晋) dynasty, thereafter all the successive dynasties had enacted them. Investigating legal systems in the previous times of the Tang(唐) dynasty, they were general systems of the Lu-Ling-Ge-Shi(律�令�格�式). But they were the systems of the Ppyen-che(篇勅) and the Ssing-tung(刑統) at the ages of 5 reigns(五代期), the systems of the Chi-Ling-Ge-Shi(勅�令�格�式) in the Sung(宋), the systems of Dianjang(典章) and the Tiao-ge(條格) in the Yuan(元) dynasty, and the systems of the Lu(律) and the Hue-dian(會典) in the Ming-Ching(明淸 ) dynasty.
The Lu-Ling-Ge-Shi(律�令�格�式) had character of the confucianism from the age of Han-wu-야(漢武帝) and then they were brought to completion in the Tsin(晋) dynasty, furthermore, they were succeeded to for 2000 years till the Ching(淸) dynasty.
Conclusively, the Chinese Lu-Ling-Ge-Shi(律�令�格�式) were instruments for the maintenance of a nation which centralized power with authoritarianism, and not for the right and duty of the people, but for the imperial ordinance and punishment, and not for the right and duty of the people, but for the imperial ordinance and punishment, and then they aimed at the achievement of authoritarianism, despotism and a class system by nationalizing a territory and depriving of rights of the people.

목차 (Table of Contents)

• Ⅰ. 序說
• 1. 中國法文化圈
• 2. 法史的 法思想史的 時代區分
• 3. 中國法思想의 槪要
• 가. 儒家
• 나. 道家
• 다. 法家
• 4. 禮와 法의 關係
• Ⅱ. 權威主義的 秩序體系
• 1. 權威主義的 倫理
• 2. 權威主義的 政治
• 3. 權威主義的 法
• Ⅲ. 禮制와 禮典
• 1. 禮의 意義
• 2. 禮制
• 3. 禮典
• Ⅳ. 法典體系
• 1. 律�令�格�式
• 2. 律�令�格�式의 史的 槪觀
• 3. 현재 律�令�格�式
• 4. 律�令�格�式의 相互關係
• 5. 律�令의 篇目數와 內容
• Ⅴ. 法典制定沿革
• 1. 夏�段�周�春秋戰國時代의 律�令
• 2. 秦�漢의 律�令
• 3. 魏ㆍ晋ㆍ南北朝의 律ㆍ令ㆍ格ㆍ式
• 4. 隋ㆍ唐의 律ㆍ令ㆍ格ㆍ式
• 5. 五大ㆍ宋의 篇勅ㆍ刑統ㆍ勅ㆍ令ㆍ格ㆍ式
• 6. 遼ㆍ金ㆍ元의 法典(條制ㆍ條例ㆍ律ㆍ令ㆍ勅條ㆍ格ㆍ式ㆍ典章ㆍ條格)
• 7. 明ㆍ淸의 律ㆍ條例ㆍ會典
• Ⅵ. 結論
• 1. 두가지 法思想과 두가지 秩序
• 2. 權威主義, 階級主義ㆍ專制主義的 法典
• 3. 支配와 差等의 法
• 4. 法의 輕視와 ??
• 5. 律ㆍ令ㆍ格ㆍ式的 傳統의 持續
• 6. 刑律重視의 法典
• 7. 律ㆍ令의 儒敎化
• 8. 唐朝 律ㆍ令ㆍ格ㆍ式의 優秀性
• 9. 典型的 律ㆍ令時代
• 10. 國制의 根本인 律ㆍ令
• 11. 公權力的인 內容의 律ㆍ令
• 12. 公地化 公民化의 支配要具