CAJ | 학술논문

“繁”、“杂”是汉律存在的两个主要问题,变“杂”为“清”是“化繁为约”的前提条件。汉人改律,重视后者,忽略前者,导致历年无成。曹魏时期,分类学在学术领域高度发展,受其影响,曹魏修律以“都总事类”为原则,基本解决了“杂而不清”的问题。西晋时期,追求简约成为学术界的普遍风尚,受玄学“得意废言”、“辞约旨达”的影响,西晋修律重在压缩律条字数,基本解决了“繁而不约”的问题。经过数百年的探索和实践,汉晋法律终于完成了从“繁杂”到“清约”的蜕变,中国古代法律的体例最终得以确立。
“번”、“잡”시한률존재적량개주요문제,변“잡”위“청”시“화번위약”적전제조건。한인개률,중시후자,홀략전자,도치력년무성。조위시기,분류학재학술영역고도발전,수기영향,조위수률이“도총사류”위원칙,기본해결료“잡이불청”적문제。서진시기,추구간약성위학술계적보편풍상,수현학“득의폐언”、“사약지체”적영향,서진수률중재압축률조자수,기본해결료“번이불약”적문제。경과수백년적탐색화실천,한진법률종우완성료종“번잡”도“청약”적세변,중국고대법률적체례최종득이학립。
The main problem of legal systems in Han Dynasty is being prolix and chaotic. The improve- ment from chaotic to methodic is a pre-condition for the improvement from prolix to concise. Ignoring the methodic led to the failure of legal systems revolution in Han Dynasty. Until Wei Dynasty, taxolo- gy had been highly improved in academics. As a result, with the principle of focusing on classification, the problem of chaos was basically solved. After that, concision became the common pursuit of aca- demics in Western Jin Dynasty. Influenced by ＂the meaning beyond the words＂ and ＂be concise and expressive＂ of metaphysics, the statute in legal systems in Western Jin had limited word number, which had solved the problem of prolixity. After hundreds of years of exploration and practice, the Han-Jin legal systems developed into concision and methodic, and the legal systems of ancient China was eventually established.