明代御倭赏格制度的法律探析 - 以崔溥《漂海录》为视角 -
Major Differences in the Codification of Specific Provisions of the Chinese Civil Code
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明代御倭赏格制度是军赏制度中的一种,它确立了“首功制”,即以斩获 敌人首级的数量作为军赏的主导标准. 明弘治年间,因海难漂流至中国的 朝鲜使臣崔溥将其在中国期间的经历与见闻撰成漂海行记——《漂海录》. 书中提及了一行人在中国登岸后被图功贪赏的守寨官诬陷为倭、并险遭 杀戮一事. 此举背后,足以窥见明代御倭赏格制度之一斑. 故本文试以崔 溥所著《漂海录》为视角,对其中反映出的明代御倭赏格制度作一法律 探析.
Abstract
The reward system of resisting Japanese pirates is one of the military reward systems in Ming Dynasty. It takes the quantity of the enemy's head as the dominant standard of military reward. During the reign of emperor Hongzhi, Cui Pu, the North Korean envoy who drifted to China, wrote his experience into A Record of Drifting Across the Sea. When Cui Pu and his fellows drifted to the coast of Zhejiang Province, they were framed as Japanese pirates and were almost killed by the garrison official who wanted to be rewarded. Behind this move, it is enough to see one spot of the reward system of resisting Japanese pirates. Therefore, the paper tries to make a legal analysis of the reward system against Japanese pirates in Ming Dynasty from the perspective of A Record of Drifting Across the Sea written by Cui Pu.
참고문헌 (8)
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