為國惜法，期守律文──隋、唐前期的「守法」爭議與國制變動

The ''Law-Abiding'' Controversy and the Change of Political System in the Sui and Early Tang Dynasties

本文從政治史的角度探討頻繁發生於隋、唐前期的「守法」爭議，主要課題包括：為何「守法」爭議頻生於隋、唐前期？官員為何堅執「守法」？官員提出「守法」訴求，如何說服皇帝。
「守法」爭議頻生於隋、唐前期，與當時政治體系有關，隋、唐前期的國制變動包括：中央集權的強化、朝廷組織化進程以及皇帝臨朝主政。中央集權下的組織化進程，導致法典及運用上的需要，表現為法典頻繁編纂，同時規定官員決事須具引律文，在法存畫一的原則下，編成畫一之法，以官員具引律文為媒介，在國政治理上收畫一之效，即唐太宗所謂「理國守法，事須畫一。」
皇帝臨朝主政，潛藏著專斷自恣、法外施行的可能，背離律令的決斷，將使百官無所承用，而危及政治體系的運作，張玄素以「其君自專，其法日亂」評論隋室速亡，成為貞觀乃至唐前期君臣的共識。
官員提出「守法」訴求，表面上平淡無奇，卻能獲得多數皇帝認同，撤回原先的裁決，回歸法律客觀運作，原因在隋室速亡之殷鑑及唐初君臣建立的共識，在爭議過程中發揮作用。
隋、唐前期的「守法」爭議為當時國政爭議的一環，是在當時政治體系變動下君臣互動的新形式下展開。若以「君臣相與之道」為內核，則「守法」爭議即其外展。

This article explores the ''law-abiding'' controversies that frequently occurred during the Sui and early Tang Dynasties from the perspective of political history. The main questions that the article will ask are why did the ''law-abiding'' controversy frequently occur in this period, why did the officials insist on a ''law-abiding'' policy, and how did they persuade the emperor when the officials put forward their demand for the policy.
''Law-abiding'' controversies frequently occurred during the Sui and early Tang dynasties, and were a consequence of their political systems. During this period there were a number of changes to the dynasties’political systems. These included a strengthening of centralization, a transformation of the process of imperial organization, and a shift in the ways that the emperor presided over the government. The organizational process under the government’s centralization led to the need for law codes and their application, which was demonstrated by the frequent compilation of new codes, and at the same time forced officials to prove their decisions were based on legal texts. This policy of using existing laws to compile formal legal codes allowed officials to use uniform legal texts as the basis of their legal decisions. It also influenced the political culture of the empire, prompting the Emperor Taizong of Tang to reflect, ''To manage the country and abide by the law, everything must be unanimous.''
The emperor was in charge of the court, and there was always the latent possibility of arbitrary extrajudicial executions. These sorts of decisions that deviated from laws and regulations risked making the many officials superfluous and endangering the operations ofthe political system. Zhang Xuansu criticized the rapid demise of the Sui dynasty, writing“His majesty was arbitrary, and his laws became daily more chaotic.”This became the common understanding of the emperor and his ministers during the Zhenguan era and early Tang dynasty.
The officials put forward a ''law-abiding'' appeals that were seemingly plain and simple, and these were accepted by most emperors, who would withdraw their original decisions, and allow a return to the impartial operation of the law. The reason for this common understanding in the early Tang dynasty was the terrifying example set by the Sui dynasty’s rapid collapse, which was often cited during the controversies.
The ''law-abiding'' controversies during the early Sui and Tang dynasties was a part of the wider political struggles of the empire. It developed a new form of interaction between the emperor and his ministers within the ongoing transformation of the political system. If the ''way of harmony between the emperor and his ministers'' was the core principle of the empire, the ''law-abiding'' controversy was its outward expression.