唐律中的“罪名”：立法的語言、核心與宗旨

A Research on the Term 'Criminal Charge' in the Code of Tang Dynasty: Language, Core, and Purpose of Legislation

作為立法語言，中國古代刑律中的“罪名”比較集中、系統地出現于唐代，其含義為法律條文對犯罪行為及其定罪量刑具體方面內容的列舉。《唐律疏議》中涉及“罪名”的表述，包括“有罪名”與“無罪名”兩類：“有罪名”即法律條文列舉了犯罪行為及定罪量刑各方面的具體內容；“無罪名”即法律條文沒有列舉具體行為是否處罰或如何處罰。唐律分別規定了“有罪名”與“無罪名”的法律適用標準。明清律中仍有“罪名”的表述，並在沿襲唐律相關內容的基礎上表意更加具體化。唐律中的“罪名”不是概括犯罪行為及其本質、特徵的稱謂；基於中國傳統刑律的立法體例與發展趨勢，這種概括性稱謂也不會產生。透過“罪名”的含義與內容，可以揭示出中國古代刑律的核心是罪刑關係，而立法圍繞核心問題所意圖實現的宗旨是罪刑均衡。

The 'criminal charge' as one of legislative phrases in Ancient Chinese Criminal Law appeared massively and systematically in Tang dynasty. Its meaning was to give examples of the legal provisions on the criminal acts and conviction and sentence to certain criminal charges. Two kinds of criminal charge involved in Code of Tang dynasty, they are specific criminal charge and non-specific criminal charge. The former is such a kind charge that the criminal acts and conviction and sentence are mentioned in law, however, the latter's not. But Code of Tang dynasty still stipulated respectively legal application for the two. Certain description of criminal charges also existed in code of Ming and Qing dynasties, which follows the criminal elements of Tang, but more precise. The criminal charges in Tang is not the definition of criminal behavior, its nature, and the characteristics, which was based on Legislative System and Development Trend of Criminal Law, or this general title would never exist. The meaning and content of 'criminal charge' reveals the core Chinese ancient criminal law is the relationship between crime and punishment, and legislation focuses on the core issues of intention to achieve the aims of balance between crime and punishment.