摘要
唐朝的法律语言,既继承了以往的成果,又有重大的发展,成为古代中国法律语言的集中代表。唐朝张蔫撰写的《龙筋凤髓判》是唐代编例最具代表性的范本,其法律语言的运用,达到了相当高超的水平,成为记述唐朝法律语言的范本,影响了宋元明清各代法律语言的使用。本文采取以小见大、以微见著的方法,把唐朝成文法典和《龙筋凤髓判》这部典型的判例相结合,来总结以唐律为代表的中国古代法律语言的特色。
The Chinese traditional legal system and legal culture had developed for almost four thousand years since Xia Dynasty. The Chinese traditional legal system had fallen into a pattern gradually in the Middle of Tang Dynasty, The carrier of Chinese legal language, the legal texts and documents developed from Zhuan Shu to Kai Shu, reached a high level as the remark of ZhangZhuo＇ s LONG JIN FENG SUI PAN was published in Tang Dynasty. This work influenced the legal language＇ s development in the following dynasties, The Song, Ming, and Qing Dynasty. Through analysing ZhangZhuo and his LONG JIN FENG SUI PAN, This article argues that the traditional legal language＇ s four characteristics, its succinct, its accuracy, its beautification, and also, it was a comprehensive reflex of the prospect of legislation and judicature at that times.
出处
《法学家》
CSSCI
北大核心
2006年第5期53-58,共6页
The Jurist
关键词
唐律
龙筋凤髓判
法律语言
law of Tang Dynasty
LONG JIN FENG SUI PAN
Legal language
