From "Lv Ling Ge Shi" To "Chi Ling Ge Shi"

The Chinese legal system (中华法系)is celebrated worldwide orderly by its Code, "Tang Lv Shu Yi"(唐律疏议) is representative. Research all previous dynasties Code, for Chinese law history research basic domain, its research angle is diverse, has from the legal ancient book text which is handed down for generations obtains to study its content, has the Code fulfills from the judicial activity studies its application, the research results also emerge one after another incessantly. Looks all about the existing research results, we will discover, the special study Code will compile the history to be rarer. With former legal history research Code when pays great attention perhaps the Code text content, perhaps the Code usable condition (justice) differs from, the Code compiles the history to pay attention to the Code system, the Code to compile organization and related system and so on integrity the questions. In view of this, this article selects the Tang Song time the Code to compile the history is the object of study, studies its change process and the reason from the Code system and the lawmaking body specialization's angle.This article is divided the introduction, the main text, and the reference three parts. the introduction is divided two, the analysis which and the limits first transfers the proposition to involve concepts and so on statute book system which, law system, law form, imperial order form carries on, goal and the significance the explanation proposition. The second section carries on the summary on the proposition related literature and the research results, indicated that this article the historical data originates and summarizes the existing research results.This article first chapter discusses the Tang Song time (唐宋时期)overall the statute book system transformation question, according to the time order, in first, first transfers pre-Qin to the Tang Dynasty time statute book system's development epitome of history, then the narration"Lv Ling Ge Shi"(律令格式)"develops the mature course the statute book system to Sui and Tang dynasties. In second,"Bian Chi"(编敕) the statute book development process take the Tang later period to the Five Dynasties time as the center, narrates this time statute book system's transformation. In third, the author narrated the Song Dynasty statute book system's transformation process, namely"Chi Ling Ge Shi"(敕令格式) statute book system's establishment and evolution course. Its process divides into three stages: Northern Song Dynasty earlier period's"Bian Chi"(编敕) the statute book development -> Shen Zong(神宗) time"Chi Ling Ge Shi"(敕令格式) the statute book system's establishment -> Southern Song Dynasty Xiao Zong(孝宗) time"Chi Ling Ge Shi"(敕令格式) to compile the changing pattern is `Tiao Fa Shi Lei'(条法事类).This article second chapter in the first chapter of foundation, take the legislator and the lawmaking body this influence statute book system's factor as a center, since narrates the Song Dynasty lawmaking body arranges chi the specialization with Song Dynasty to complete the Tang's historical evidence of statute book system transformation. This chapter divides into three, first elaborated the Song beforehand lawmaking body evolution survey, second elaborated the Song Dynasty lawmaking body"Bian Chi"(编敕) the developing process, namely the lawmaking body specialization process, elaborated finally Song Dynasty"Bian Chi"(编敕) develops and the statute book system change close relation. This article third chapter analyzes the reason which the Song Dynasty statute book system transforms. Is mainly the field of vision which transforms based on the Tang Song discusses. This article believed that the statute book system's transformation and the lawmaking body specialization is the Tang Song transformation time national system and the political power system change product, namely centralization Emperor Yu as well as three save six systems to the book hanger-on system central administrative machinery change, has had the national government pattern transformation, this kind of transformation needs the lawmaking body the specialization, the lawmaking body specialization process is also following the statute book system's transformation.