明代監察類基本法律《憲綱》考論

明朝的法律體系由基本法律和條例構成。基本法律即“祖宗成法”，不容後世更改。《憲綱》屬於基本法律，具有不可更改的特性。宣宗、英宗考定《憲綱》意在維護其權威，經考定後洪武四年《憲綱》的內容基本上都被保留下來，所增加的內容是以編例的形式附於其後，強化了洪武《憲綱》作為基本法律的地位與性質。正統四年後《憲綱》的名稱一直相沿未改。學界對《憲綱》長期存在一些不準確甚至錯誤的說法，系誤傳或對史料的誤讀所致。在《憲綱》之外不存在其他監察類單行基本法律，這一點對從總體上認識明代法制的特點具有重要意義。

The system of law in the Ming Dynasty consisted of the basic and the imperial decrees and temporary measures. Basic laws belonged to’laws handed down from forefathers’, which must not be changed by later generations. The purpose of the review and verification of Xian Gang by Emperor Xuanzong and Emperor Yingzong was to’ verify and reassert the existing texts of law’.After the review and verification process, the contents of the Xian Gang adopted in the fourth year of Emperor Hongwu’s reign were basically retained. The contents added to the law were attached to the retained Emperor Hongwu’s Xian Gang in the form of compilation, thus strengthening the status and nature of Emperor Hongwu’s Xian Gang as a basic law. The title’Xian Gang’had not been changed since it was printed after review and verification in the fourth year of Emperor Zhengtong’s reign. There have long been some inaccurate or even erroneous under standings about the Xian Gang, which are resulted from misquoting or misreading the historical materials. There were no other separate basic laws in the field of supervision outside Xian Gang. Such a realization is of critical importance to a comprehensive understanding of the legal system in the Ming Dynasty.