《唐律疏议》演变史略

唐高宗永徽四年(653年)的律疏制定是形成《唐律疏议》的最为关键的一步,没有这一步就不可能有《唐律疏议》。唐玄宗开元时期的律疏删缉则是形成《唐律疏议》的又一关键步骤,正是在这次删缉中,《唐律疏议》从形式到内容都基本定型,之后唐朝适用的律疏一直没有大的变化。唐朝灭亡之后,《唐律疏议》的适用并没有停止,因此,在传抄和适用中,也还发生过一些变化,但这些变化都甚微末,总体而言,《唐律疏议》还是延续了开元以来的形态。有学者认为后世所传诸本《唐律疏议》有可能是从《宋刑统》演变而来,还认为《唐律疏议》各律的篇目疏议是元朝以后好事者所添加,其实这些都是不对的,于理于据均很难成立。

A Brief Evolving History of Comments on the Law of the Tang Dynasty

The comments on the law in the 4th year of Yonghui during the reign of Emperor Gaozong of Tang Dynasty is the key step to the formation of Comments on the Law of Tang Dynasty, without which there wouldnt be Comments of the Law of Tang Dynasty. The deleting and editing comments on the law during Kaiyuan period under the reign of Emperor Xuanzong of Tang Dynasty was another critical step to the formation of Comments on the Law of Tang Dynasty. It was through the deletion and edition of this time that Comments on the Law of Tang Dynasty was set in terms of the form and the content. Henceforth it hasn＇t changed much. After the demise of Tang Dynasty, the application of Comments on the Law of Tang Dynasty didnt come to a halt. Therefore, in the course of making private copies and application, it changed a bit, but these changes are trifling. In general, Comments on the Law of Tang Dynasty has continued its form in Kaiyuan Period. Some scholars argue that some copies of Comments on the Law of Tang Dynasty which have gone down to posterity might be evolved from Criminal Law of Song Dynasty. Some other scholars argue that those comments in Comments on the Law of Tang Dynasty were added by someone after Yuan Dynasty. In fact, these arguments are unjustified.