Research for materials concerning 'keeping law' (守法) in ancient and medieval China

中国古代和中世纪“守法”资料研究

• 批准号: 12620013
• 负责人: OKANO Makoto
• 金额: $ 1.86万
• 依托单位: Meiji University
• 依托单位国家: 日本
• 项目类别: Grant-in-Aid for Scientific Research (C)
• 财政年份: 2000
• 资助国家: 日本
• 起止时间: 2000 至 2002
• 项目状态: 已结题
• 来源: https://kaken.nii.ac.jp/grant/KAKENHI-PROJECT-12620013/
• 关键词: keeping law; keeping justice; consciousness to law (T'ang); Emperor's command; law-abiding spirit; 戴冑(たいちゅう); 長孫無忌(ちょうそんむき); 司法制度(唐); 皇帝権(唐); 官僚制(唐); 酷吏; 廉吏; 医学史(唐)

This research starts out to examine historically how the consciousness and feeling of the Chinese people to law differs from that of the Japanese or the European people. I have observed a group of materials concerning 'keeping law' (守法) or 'keeping justice' (守正) often found in books of the T 'ang and the Sung era. The Chinese phrase 'keeping law' means not only to obey law but to keep law or to protect a defender's life against the Emperor's command at the risk of his own life, as are shown below.1 Hsiao Chun(蕭鈞) defended Sung Ssu-t'ung(宋四通), a musician of T 'aich' ang-ssu(太常寺), who helped a lady of the Emperor's Palace deliver messages, and he requested a commutation for him from death to transportation. 2 An Chin-ts 'ang(安金蔵), a craftsman of T' aich 'ang-ssu, who had bored torture by a cruel officer Lai Chun-ch 'en(来俊臣) and others, appealed his loyalty to his master Jui tsung(睿宗), by tearing apart his breast, and he asked for stopping the inquisition of Wu Tse-t' ien(武則天). 3 Tai Chou(戴胄), who discussed death penalty sentenced to a porter who missed Changsun Wuchi(長孫無忌), a brother-in-law of T 'ai tsung(太宗), entering into a living room of the Emperor with a sword, criticized the unfairness of the criminal punishment which differed according to status, and finally gained a pardon for Wuchi and a porter.However, these episodes don't point out the normal patterns of behaviors for officers of these times. In traditional China, where the command of the Emperor is the highest law, superior to positive law, officers cannot object to the Emperor's command without running a risk of his life. It might well be, therefore, too simple to say that these episodes mean the source of the law-abiding spirit of the Chinese people in general. We should rather find out from these episodes the historical character of the behaviors of 'keeping law', and the tradition of persuading the Emperor.

This research starts out to examine historically how the consciousness and feeling of the Chinese people to law differs from that of the Japanese or the European people. I have observed a group of materials concerning 'keeping law' (observance of the law) or 'keeping justice' (observance of the right) often found in books of the T 'ang and the Sung era. The Chinese phrase 'keeping law' means not only to obey law but to keep law or to protect a defender's life against the Emperor's command at the risk of his own life, as are shown below.1 Hsiao Chun() defended Sung Ssu-t'ung(Sung Si Tong), a musician of T 'aich' ang-ssu(Tai Chang Temple), who helped a lady of the Emperor's Palace deliver messages, and he requested a commutation for him from death to transportation. 2 An Chin-ts 'ang(安金), a craftsman of T' aich 'ang-ssu, who had bored torture by a cruel officer Lai Chun-ch 'en(Lai Jun Chen) and others, appealed his loyalty to his master Jui tsung(Rui Zong), by tearing apart his breast, and he asked for stopping the inquiry of Wu Tse-t' ien(明). 3 Tai Chou(Dai Zhou), who discussed death penalty sentenced to a porter who missed Changsun Wuchi(LONG SUN NONJI), a brother-in-law of T 'ai tsung(Tai Zong), entering into a living room of the Emperor with a sword, criticized the unfairness of the criminal punishment which differed according to status, and finally gained a pardon for Wuchi and a porter.However, these episodes don't point out the normal patterns of behaviors for officers of these times. In traditional China, where the command of the Emperor is the highest law, superior to positive law, officers cannot object to the Emperor's command without running a risk of his life. It might well be, therefore, too simple to say that these episodes mean the source of the law-abiding spirit of the Chinese people in general. We should rather find out from these episodes the historical character of the behaviors of 'keeping law', and the tradition of persuading the Emperor.

项目成果

岡野 誠: "初唐の戴冑-「守法」から見たその人と事跡-"明治大学社会科学研究所紀要. 第41巻第2号. 1-16 (2003)

冈野真：“初唐大库——从‘监护法’的角度看他的人物及其事件”，明治大学社会科学研究所通报，第41卷，第2期1-16。 (2003)

岡野 誠: "唐代法制史与医学史的交匯"中国社会歴史評論(中国・北京). Vol.3. 206-218 (2001)

冈野诚：《唐代法律史与医学史的交流》中国社会史评论（北京，中国）206-218。

岡野 誠: "中国国家図書館所蔵の唐律断簡について"明治大学社会科学研究所紀要. 39巻2号. 67-76 (2001)

冈野真：《关于中国国家图书馆所藏唐代残片》明治大学社会科学研究所通报，第39卷，第2.67-76期（2001年）。

岡野 誠: "拙稿「宋刊統」の補遺"法史学研究会会報. 第6号. 63-67 (2001)

Makoto Okano：“我的手稿‘宋观通’的附录”《法律史研究组杂志》第 6 期 63-67（2001 年）。

岡野 誠: "唐代における法制史と医学史の交錯"法律論叢. 第73巻2・3号. 99-128 (2000)

冈野诚：《唐代法律史与医学史的交叉》法律评论丛书，第73卷，第2期和第3期。99-128（2000）。