论古夫余族“倍偿”之法对古代东亚法制之影响

“倍偿”之法是古夫余族的固有习惯法,最初的形态为“窃盗一责十二”。之后,这一法律分为南、西两支向外传播,为其他民族所吸收,从而对东亚法制产生了一定的影响。向南的一支主要是被高句丽吸收,同时,它还随着百济人的南迁传入了朝鲜半岛和日本。向西的一支主要是指它首先被鲜卑人吸收,之后随着鲜卑人的迁徙来到了北方草原地区。然后这一支又分化为两脉,其中一脉经北魏、北齐而为隋唐律吸收,形成了唐律中的一项重要制度———“倍备”之法。另外一脉则一直留存在北方草原地区,为后起的突厥人采纳,成为突厥习惯法的一部分,之后又被蒙古人承袭。

On the Influence of the Ancient Fuyu's Law to the Laws of Ancient East Asia

The law of "one thievery,12 times' indemnification" is the ancient Fuyu's specific law at the very beginning.Afterwards,this law was spread southward and westward and was absorbed by the other races and brought about some influence on the legal systems of ancient East Asian countries.In the south,it was absorbed by the Koguryo people and streamed into the Korean peninsula along with the Paekche's migrating.In the west,it was absorbed by the Sienpi people first and then arrived at the northern steppe region along with the Sienpi people's migrating.The influence of this law was then divided into two veins to spread further.One was absorbed by Bei Wei,Bei Zhou,Bei Qi,Sui and Tang Dynasty's law and became the so-called "one thievery,2 times' indemnification" regulation of Tang Dynasty's law in the end.The other remained in the northern steppe region still, and became one part of the ancient Turkish unwritten law in the end and took a part in the law of Mongol.