晋代“引礼入律”论略

晋《泰始律》是中国封建社会第一部较为典型儒家化法典,“引礼入律”是晋代法律发展的重要特点,它在《晋律》中有突出表现：刑罚实用上“准五服制罪”原则的确立;保护士族、官司僚政治、经济特权的政治经济立法以及维护等级秩序的婚姻家庭法律规范等。其产生根源有：从文化根源看,是因为礼有区分贵贱等级、定分止争的功能;从政治学方面看,司马氏所建立的是门阀士族统治,所以任用儒家制订、解释法律;从经济方面看,民本思想是礼的重要内容,“引礼入律”有助于恢复经济、安定民心。

On "Quoting Etiquette into Law" in Jin Dynasty

Tai Shi Law" in Jin Dynasty was the first typical Confucian code in Chinese feudal society. "Quoting etiquette into law" was the important characteristic of the development of law in Jin Dynasty, which had been expressed strikingly in the law of Jin Dynasty: the establishment of the principle "Determining misdemeanor or felony according to the kinship" in the application of penalty; the political and economic legislation of protecting officialdom. bureaucracy and economic privilege; and the standards of defending order and degree in marriage and family, etc. The origin of it lied in: First, cultural origin, that's because etiquette had the function of distinguis hing nobility from humble class determining status and preventing dispute. Second, its political origin, the Confucianism had been made use of to work out the law and to interpret the law because what Sima had established was the rule of officialdom. Third, the economic origin, the ideology of "people basis" was the critical content of etiquette, "quoting etiquette into law" helped to restore and reassure the public.