사회규율을 중심으로 본 베트남 국조형률(國朝刑律)과 중국 대명률(大明律)의 상관관계 일고찰

Abstract

Vietnam's oldest existing law was enacted in the 15th century as the National Statute. This law was created by grafting the contemporary Ming code based on China's Tang code, and when Vietnam became independent after being subjugated to China for a long time, new orders and laws were needed to govern society at that time. China's Ming code at that time was effectively counted because it was appropriate for Vietnam to refer to the time and content. Most of the studies speculated that there were approximately several overall articles based on how many independent rules of the Ming code were counted, and it was difficult to find the contents of analysis or research on each article. Therefore, this paper tried to examine how the National Statute counted the independent legal regulations of the Ming code from a comparative legal point of view, and its background and impact. It was confirmed that the National Statute counted the Ming code around these articles in accordance with the atmosphere of the times to build more strongly on public affairs, society, and family order, and it was also found that it was linked to the strengthening of the monarchy. The National Statute of National Statutes selectively accepted the Ming code and tried to maintain its own customary law, and never accepted regulations that did not fit the Vietnamese situation. Through this, it was possible to see how much foreign laws, that is, Chinese laws, were accepted in the 15th century of the traditional Vietnamese period.