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作为中国传统政治秩序中诸对核心关系之一,皇权与法律的关系研究由来已久。魏晋时期处于权、法协调时期,皇权拥有限度,其与法律的关系经由《晋书·刑法志》窥一斑而见全身。一方面皇权依靠自身的威慑力主导法律的创制,保障法律的实施。而另一方面,经由法律塑造的政治秩序、伦理秩序,维护着皇权的稳固,却也对皇权的恣意扩张起着明显的限制作用。
As one of the core relationships in Chinese traditional political order, the relationship between imperial power and law has been studied for a long time. Wei and Jin Dynasties in the right and law coordination period, the imperial power has its limits, and its relationship with the law through the “Book of Jin criminal law” glimpse the whole body. On the one hand, the imperial power depends on its own deterrent power to lead the creation of laws and guarantee the implementation of laws. On the other hand, the political order and ethical order shaped by law maintain the stability of the imperial power but also play an obvious restrictive role in the arbitrary expansion of the imperial power.