『宋刑統』「名例律」에 보이는 唐 후기∼北宋 초 刑罰體系의 변화―제1권에 수록된 追加 條文(令･格･敕･起請･餘條准此條)을 중심으로―

Abstract

The laws of the Tang Dynasty had lost their original function after the An Shi Rebellion, and Song Dynasty was compiled when it was sent out. In addition to the existing laws, new laws have been added to this Songxingtong. These provisions were added between the late Tang Dynasty and the early Song Dynasty. The Songxingtong's legal system added new content consisting of 209 provisions. In addition, the newly added provisions were focused on the general theory of criminal law, the theft law, and the enforcement law. Among them, the general theory of criminal law (Minglilü) in the Songxingtong consisted of 10 provisions. In addition, the period at which the additional provisions were legislated was from the late Tang Dynasty until the fifth year of Emperor Xiande of Northern Zhou. These points reflect the changes in the form of laws and provisions since the late Tang Dynasty. On the other hand, some of the additional clauses had the common characteristic of starting with a sentence “Servants say that”, and in some cases the clause “Servants say this with deliberation” was included in the beginning and middle of the sentence. The additional provisions attached to the general opinion of the Criminal Law were particularly focused on areas related to family, property, trial, and punishment. This suggests that during the late Tang Dynasty and North Song Dynasty was more interested in civil litigation than in matters related to imperial power.