明初 洪武帝의 國家統治 구상과 『大明律』

Abstract

In this paper, I researched Hongwu Emperor(洪武帝)’s plans of country governance and “the Great Ming Code”(大明律) which was the general source of criminal laws in the Early Ming Empire. First, I will focus on state of a Hongwu period and the process of legislation, and let's look at linking Hongwu’s rule plan and “the Great Ming Code”. Hongwu period was meaningful in established of the Law system(法制) and instituting the Rite system(禮制) besides common change of era. The representative law, “the Great Ming Code”, and it is influenced not only China history but also Korea history, Japan history the neighboring countries. Above all, we must analyze in order to understand precisely for the “the Great Ming Code” what the situation was like, who made and what purpose did he make? If not taking into account the conditions of the era of legislative period, we do not understand the purpose of legislation. Ming dynasty established, but also it marks the reconstruction of a large number of Han Chinese regime’s laws and institutions. In terms of construction of the legal system, as the founding emperor of the Ming dynasty, Hongwu emperor considered it very seriously. In the early period of establishment of the Ming Dynasty, Hongwu emperor ordered to to formulate the law with template of Tang code(唐律). Hongwu emperor, who was from a poor family, became an emperor of Ming Dynasty in 1368, and executed a serial of severe penal laws concerning the punishments of the officials who were blamed for their illegal conducts. The feudal official malfeasance is universal social phenomenon in early Ming period. In the Ming Dynasty emperors reign, politics was influenced by the former. The Ming Dynasty learned legislative and judicial experience from Tang(唐) and Song(宋) Dynasty in the early days of the Republic, formulated a series of law to maintaining the feudal rule. “The Great Ming Code” is not only a classic rule of law but also reflects the feudal moral ideology, it contains rich ethical thoughts. The phrase “integrating punishment with education”(明刑弼教) comes out in documents after the establishment of the Ming Dynasty, responding to the needs of governing the country in the early days, it is used as the guiding ideology of the Ming Dynasty to the legislative and judicial activities. The Hongwu emperor's legal thoughts include “Using severe laws in troubled times”, “Enacting Reasonable Laws”, “Enacting concise and stable laws”, “combining ceremony with punishment” and so on. The first one in fact is only the core idea of his legal thougts, which is a unique feature of the Ming Dynasty. Hongwu emperor’s severe law thought stems from domination history of China and has been influenced a lot by traditional laws in china’s history. It’s a theoretical system, developing from ancient legalists and severe punishment thought. In the early years of Ming Dynasty, the society was in disorder and repression. Hongwu emperor at the present established the idea of “Using severe laws in troubled times” to govern the country, complelely strengthening the legal system. He also had taken a series of political, economic, military, legal and cultural measures to ensure faster socio-economic recovery and development. The rapid finish of political stability had laid a solid foundation for Ming Dynasty’s ruling. Hongwu emperor’s idea was experess “severe law governing office”(重典吏治). Not long after the Ming dynasty established, the political situation was unstable, and the economy also suffered severe damage. In order to strengthen the centralization of authority and consolidate the new power, Hongwu Emperor drew lessons from the failure of Yuan(元) dynasty, summarized the successful experience on the management of past ages after repeated thinking, and launched the severe punishment anti-corruption strategy. Due to a profound historical background and the misery life experience in his early years, he attached great hatred towards the official embezzlement, so the formation of the severe punishment anti-corruption was never an accident. The anti-corruption measures were extremely brutal and cruel. The measures Hongwu Emperor adopted were as follows: Establishing severe punishment anti-corruption policy. This thoughts ran through the whole process when formulated “the Great Ming Code”, “Da Gao”(大誥) and other messages as well as regulations. And the layout of supervision. A supervisory committee was set up to strengthen the prevention of corruption. What’s more, the supervision mechanism was built so as to encourage people to report on the guilt of others. Despite the limitations of these measures, the effect of anti-corruption did not achieve the desired results.