玉门花海所出《晋律注》初步研究  

Studies on the Paper Documents of Jinlv Annotation from Yumenhuahai

作　　者：曹旅宁[1] 张俊民[2] 

机构地区：[1]华南师范大学法学院 [2]甘肃省文物考古研究所

出　　处：《法学研究》2010年第4期181-192,共12页Chinese Journal of Law

基　　金：国家社会科学基金项目"秦汉魏晋法律的演变与律令法系的形成"(07BZS009)资助

摘　　要：2002年6月甘肃玉门花海出土的《晋律注》是本世纪中国法制史资料上的重大发现,有利于了解晋律的真实面貌。本文结合传世文献和其他出土资料,探讨了《晋律注》的抄写年代、作者与篇目、捕律和诸侯律若干问题,据此探讨了诸侯律与八王之乱的关系、后魏律渊源以及河西律学是否包含有晋律的成分等问题,提出汉律、晋律与唐律之间有着明显的继承关系等一系列新看法。The paper documents of Jinlv Annotation unearthed in Yumenhuahai are major discoveries in China legal history of this century, which are of great importance to look into the true visage of Jinlv. The studies of this article have shown that the writing age of the paper documents of Jinlv Annotation is most likely the late period of West Jin. And the author of Jinlv Annotation unearthed from Yumenhuahai may be Du Yu according to its language style. Moreover, Du Yu＇s annotation of Jinlv was then an official edition promulgated throughout the whole country with great influence, which also supports the above posit. J inlvAnnotation from Yumenhuahai shows that Jinlv has twenty sections, which proves that the record of Jinshu is correct. Through the discussion about the two examples of law on arrest in JinlvAnnotation, this article tries to clarify that some articles and terms of this law inherited from the law of Qin and Han, which were also inherited by the law of Sui and Tang. Meanwhile, through the textual research on the law governing dukes and emperors in Jinlv Annotation, this article finds that most of the regulations were also originated from the systems of Qin and Han, and had no direct relationship with Zhouli. Moreover, the legislative inspirit of these regulations had no inclination to expanse the strength of dukes and emperors, and had nothing to do with the Rebellion of Eight Emperors in the late period of West Jin. Lastly, the unearth of Jinlv Annotation provides new historical evidence to prove that as one of the sources of the law of Latter Wei, the legal study in Corridor District of Hexi included not only the law of Han, but also the element of the law of Jin. Key Words. the paper documents of JinlvAnnotation from Yumenhuahai, law on arrest, law governing duke and emperor, legal study in Corridor District of Hexi

关 键 词：玉门花海晋律注 年代与篇目 捕律 诸侯律 河西律学 

分 类 号：D929[政治法律—法学]