论北朝法制之改创

北朝包括五个封建政权:北魏、东魏、西魏、北齐、北周。五政权均为鲜卑民族所建。北朝统治者抛弃南朝汉族政权重玄谈轻法制的统治手法,重视法制建设并进行了大胆改创:创均田律,发展了封建土地立法;创流刑,使封建刑罚更加规范;罢门房之诛,使封建刑罚向轻刑化方向发展;改七等刑为五等刑,确立五等正刑的新刑罚体系;创重罪十条,完善了礼法结合;删繁就简,确立十二篇目的律典结构等。北朝法制改创成功之因在于:出身于少数民族的统治者重视法制建设;重用汉族律学家;综汇秦汉魏晋法制优势。北朝法制改创对中国封建法律由秦汉的初创到隋唐的辉煌起到重大推动作用。

On the Reform of the Legal System in Bei Dynasty

The five feudal governments of Bei Dynasty are all established by Xian Bei Ethnic Group. The rulers of the five governments all attached great importance to the building of the legal system and made a lot of reform, such as the adoption of the law of dividing lands equally which improved the feudal land legislation; the elimination of the punishment of banishment which perfected the feudal punishment; the elimination of the killing whole household which made the feudal punishment lighter; the adaptation of new penalty system of Five Degrees of punishment; the innovation of ten felony and it perfected the combination of the rites and law; the establishment of the legal system of 12 chapters. The reasons that the reform of Bei Dynasty's legal system succeeded lie in: the ethnic minority rulers attached great importance to the building of the Han Peoples, and the rulers made full use of the advantages of the legal system of the Qin, Han, Wei and Jin Dynasty. The reform of the legal system in Bei Dynasty played a critical role in the prospering of the legal system in Sui and Tang Dynasty.