论从汉四郡到统一新罗时期的中韩法制关系

汉四郡时期当地官府陆续发布了一些单行的成文法令,汉四郡灭亡后,当地的各种习惯法就又成了占主导地位的法律规范,"土俗"压倒了"华化"。高句丽在占领汉四郡以后,吸收了一些汉四郡时期遗留下来的中国法的思想。隋唐时期,高句丽文化之"华化"有加速的趋势,但在法制的层面,仍以土俗为主。从南北朝时期到隋唐时期,中国文化的影响已深入到了百济习俗的层面,其法制有向中国法接近的趋势,但主体仍是本国固有法。统一新罗时期,唐代法制虽然对其法制产生了一定的影响,但"华化"程度不高,仍以"土俗"为主。

On the Relation of the Law between China and Korea from the Han-four Counties to the Silla Dynasty

In the period of the Han-four counties,the local government issued a number of single Acts.After the Han-four counties,the customary law became the main Legal norms,the local habits and customs overwhelmed the Chinesezation.the Koguryo absorbed some of the factors of Chinese law after it occupied the Han-four counties.In the Sui-Tang period,though the culture trend which can be called Chinesezation was accelerating,it s law mainly was composed of their inherent customary law.From the period of the Southern and Northern Dynasties to the period of the Sui and Tang dynasties,the impacts of Chinese culture penetrated to the level of customs of Paekche,it s law had the tendency of being close to the Chinese law,but it s body was inherent law of it s own country.In the period of the Unified Silla Dynasty,the law of the Tang Dynasty had some effect on the Silla,but the Chinesezation level in the law was low,the local habits and customs were in the dominant.