唐太宗贞观十一年立法研究——以《贞观式》有无之悬疑为中心
楼 劲
摘要：唐太宗贞观十一年立法，所颁行的是《律》、《令》、《格》，但并不包括《贞观式》和《留司格》，以《旧唐书·刑法志》为典型的一组史料之所以发生贞观已有“《留司格》一卷”和“《式》三十三篇”的错误，是因为它们依据的是一个夹注混为正文的《国史》文本。两《唐书·刑法志》、《新唐书·艺文志》和《册府元龟·刑法部》等处关于贞观十一年与《律》、《令》、《格》一起颁行了《式》的记载，都存在着因其所据文本有误而倒错了开元与贞观时代的问题，是断然无法成立的。正由于此，《唐会要》述当时只施行了《律》、《令》、《格》而不及于《式》，《唐六典》关于“皇朝”之《格》始于贞观而《式》则始于永徽的记叙，就更显其准确而值得采信了。贞观十一年确未制行过《式》，但以“式”来指称某些规范的习惯和对各种诏令的审定编纂，则出现了新的趋向，《永徽式》的制定和《律》、《令》、《格》、《式》并行体系的诞生，即是承此发展的结果。
A Study of the Legislation by Emperor Taizong of Tang in 637 A.D.: Centered on the Suspense on the Existence or Nonexistence of The Zhenguan Constitution
Lou Jin
Abstract: In the eleventh year of Zhenguan (673 A.D.), Emperor Taizong of Tang issued the “Law” (Lv), “Ordinance” (Ling), and “Regulation” (Ge), but The Zhenguan Constitution (Zhenguan Shi) and The Regulation Remaining at the Department (Liusi Ge) did not include. The reason why a group of historical records represented by “Treatise on Penal Law” in Old Book of Tang occurred the error that there were already “one volume of Liusi Ge” and “33 pieces of Shi” in the Zhenguan years was that they were all according to a text of National History in which interlinear notes blended with the main text. The record that the Constitution was issued together with the Law, Ordinance, and Regulation in 673 A.D. in “Treatise on Penal Law” in two texts of Book of Tang, “Treatise on Literature Bibliography” in New Book of Tang, and “Section of Penal Law” in Prime Tortoise of the Record Bureau (Cefu Yuangui) and others absolutely could not stand because the texts they relied on mistaken the times of Kaiyuan and Zhenguan. By contrast, The Institutional History of the Tang Dynasty (Tang Huiyao) narrated that only the Law, Ordinance, and Regulation were implemented at that time, but the Constitution was not mentioned; and Six Codes of the Tang Dynasty (Tang Liudian) recorded that the Regulation went into effect during the Zhenguan years, while the Constitution was enforced during the Yonghui years. Those narrations seemed more precise and worthy of adoption. Indeed, the Constitution was not issued in 673 A.D., but there emerged a new tendency of referring the Constitution to some standardized customs, as well as authorization and compilation of the imperial edicts. The formulation of The Yonghui Constitution, and the birth of the parallel system of the Law, Ordinance, Regulation, and Constitution, was just the result developed from the tendency.
