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中国古代在国家治理与社会控制方面,以先皇祖训为内容的“祖制”发挥着重要作用。祖制作为有约束力的行为规范,其调整范围涉及国家权力的分配与制衡、朝廷运行机制、重大事件决策、重要职官任免、朝贡外交等。祖制主要通过由皇帝主持的“祖制驳议”机制来实施。在规范形式上,祖制多以诏令、上谕等先例、惯例的方式存在,较多保留春秋以前非法典化、非公开化的法律神秘主义特征。祖制初步具备国家根本法的性质,其与普通律令既有分工,又有衔接,共同构成中国古代完整的法律体系:“祖制—律令”体系。祖制的存在,适应中国古代尊祖孝亲的宗法传统,弥补了因皇位世袭导致国家治理制度的重大不足,同时,也对律令体系的完善产生消极影响。
In ancient China, in the aspect of state administration and social control, “ancestral homeland” with the content of the first emperor’s ancestral home precepts played an important role. Ancestral home as a binding code of conduct, the adjustment range involves the distribution and checks and balances of state power, the operation mechanism of the court, decision-making of major events, the appointment and removal of important government officials, tributary diplomacy and so on. The ancestral system is mainly implemented through the “ancestral refutation” mechanism presided over by the emperor. In the canonical form, most of the ancestral systems exist in the form of precedents and conventions such as edict, encyclical and more, and retain more the features of legal mysticism before the Spring and Autumn Period that were non-codified and non-public. The ancestral system initially possessed the nature of the Fundamental Law of the State. It not only had division of labor with general ordinances, but also joined together to form the complete legal system in ancient China: the system of ancestral system-law. The existence of the ancestral system and the patriarchal tradition adapted to the filial piety of the ancestors in ancient China have made up for the major deficiencies of the state governing system caused by the hereditary hereditary rule and at the same time have a negative impact on the perfection of the legal system.