唐〈營繕令〉形成史論

The Formation History of The Construction Statutes

營繕事務法規自秦代時期就已存在於法律體系之中，秦簡中所見秦律有相當部分內容涉及到營繕事務的規範，由於漢代律篇及內容的駁雜及營繕事務種類繁多，關於正刑定罪的營繕事務法規長期存在於諸如漢代〈田律〉、〈金布律〉、〈徭律〉，曹魏之後〈興擅律〉、〈毀損律〉、〈雜律〉等多篇律文之中。而關於設範立制之營繕事務法令則可能被收納在〈雜令〉之中。唐〈營繕令〉的出現，一方面是因為繼承了營繕事務法規發展演變的制度遺產，另一方面是因為吸取了隋代的歷史教訓，完善唐代律令體系的結果。

According to the survival historical materials, the laws and regulations of the manufacture and construction affairs had existed in the legal system no later than Qin dynasty (B.C. 221-B.C. 206). There are quite a few content on the Bamboo slips of Qin Dynasty which were relevant to the regulations of manufacture and construction affairs. With the diversity and complexity of the contents and chapters of laws as well as the imperfection on the legal system in Han dynasty (B.C. 206-A.D. 220), and the richness and diversity of manufacture and construction affairs, the laws and regulations of the manufacture and construction affairs of convicting and sentencing in a long time had existed in the laws of Tian ( the law of field), Jin-bu (the law of monetary, including coins and textiles), Yao (the law of labor conscripting) and etc. during Han dynasty, and in the laws of Xingshan (the law of labor conscripting), Hui-sun (the law of official tools damage), Za (the law of miscellany) and etc. after Wei dynasty (A.D. 220- A.D. 265), one of the states of three kingdoms. Meanwhile, the part of canonical legislation of manufacture and construction affairs probably had existed in the Miscellany Statutes. The reasons of the appearance of the Construction Statutes in Tang China(A.D. 618-A.D. 907) can be concluded as following: Firstly, it’s the logical outcome of the evolution of laws and regulations of the manufacture and construction affairs in the long run. Secondly, it can ascribe to the improvement of legal system in Tang dynasty by learning a lesson from the defect of the legal system in Sui dynasty (A.D. 581-A.D. 618).