Dai Jianguo, Shanghai Normal University, established a research center to undertake the national social science fund project "Law and Society in the Transformation Period of Tang and Song Dynasties". In addition, Liu of China Renmin University also set up a "reading class" where Mr. Meng studied a newly unearthed Turpan document with the help of Tian Shengling. Mr. Gao of Taiwan Province Province organized the Tang Law Research Society (founded in 1995), and successively published works such as Tang Law and National Society Research (1999), Research on Identity Legal System in Tang Dynasty (2003) and Problems of Tang Law (2005). Mr. Ren Daxi of Gyeongbuk University in South Korea also has a reading class of "Gong Mingshu's Judgment of Qingming Collection".
Due to the strong research strength of the history research of China Academy of Social Sciences, Tianyige Museum generously promised to hand over Tiansheng Mausoleum to the Institute of History for collation, and signed a cooperation agreement with the Institute of History in May 2005. The Institute of History immediately set up a sorting group chaired by Huang. In June+10, 5438, the research group reached a publishing agreement with Zhonghua Book Company, which was agreed to be finalized in June 2006. In less than a year, the members of the research group worked hard without pay and completed the task on time. The collation of the Natural Order this time can be divided into three parts: the first is proofreading, that is, copying the Natural Order according to the original paragraph, copying by word, punctuation, and proofreading in units of each order. If there are typos or missing words, don't change the original text, only change the correct ones below. The second is to clear the edition, that is, correct all the correction words in the proofreading edition and use popular traditional Chinese characters. The Qing version can be said to be a rare version of the divine decree, and scholars can use it directly when using the divine decree. The third is to restore the Tang order, that is, to restore the Song Linghui in Tianshengling to the Tang order and mix it with the Tang order in the appendix. The repair work is divided into two parts: the sequential repair of articles and the text repair of articles. Finally, each decree is accompanied by a restored and clear version of Tang Lingjiao.
The division of labor of the research group is: Song Jiayu: field order, stable animal husbandry order; Li Jinxiu: service orders and warehouse receipts; Meng: city closure order and arrest order; Jincheng: medical order; Zhao Daying: Fake Ningling; Lei Wen: official prison order; Niu Laiying: camp order; Wu: mourning order; Huang: Miscellaneous list. The professional expertise of various scholars has basically been brought into play.
Although the Divine Decree is only about 10 with 40,000 words, it is as serious as other Ming manuscripts. Not only are there typos, missing words and missing words everywhere, but there is even a line full of what happened when the missing words were found. There are also serious mistakes, for example, three and a half pages of the camp maintenance list have been completely copied backwards. So it's hard to organize. Then there is the problem of sorting out ideas. For example, the heavenly decree is a Song decree and an orphan. It can only be used in our school and other schools, but is it necessary for Song Xu to use the school of historical records in Song Dynasty or the school of historical materials in Tang Dynasty? If it is the latter, can it be written directly as "according to modification"? It is difficult to restore the order in the Tang Dynasty, and we often get into trouble because we can't find the basis for restoration. Some words can be restored even if they are known to belong to the provisions of the Tang Dynasty, but some words have no basis for restoration. Without those words, sentences cannot be made. In this case, we have to choose the supplement according to the system and writing style. Individual articles cannot be restored as a whole. Through the efforts of the research group, 487 basic books of Tang Ling were restored, and the rest 19 were not restored; Another 7 were designated as Song orders, supplemented by 10 Tang orders. From June 5438 to October 2006 10, the research group completed the proofreading and restoration of Tianshengling to Tangling, and the book was officially published by Zhonghua Book Company. The arrangement and publication of the Imperial Decree of Heaven made this precious information which has been lost for thousands of years known to the world. Its publication will surely push the study of China ancient history to a new stage of development. To study the Divine Order, we must first understand its compiling style. The Heavenly Sacred Order was revised and supplemented within the framework of the original Tang Order on the basis of the twenty-five-year order of Tang Kaiyuan. There are four kinds of amendments and supplements: first, put those articles that can be used directly in the text, and completely keep the original text unchanged; Second, all unused Tang decrees should be preserved in the form of appendices for reference by legislators when revising; Third, modify the original Tang law, retain its advantages, supplement the new Song law system and become a new order. The abridged text will not be retained after modification; Fourth, whatever was not included in the 25-year order of Tang Kaiyuan was no longer included in the new order according to the new system of the Song Dynasty, and even the new system that was being implemented at that time was no longer included in the new order. That is to say, the actual new system corresponds to the existing laws and regulations in the early Tang Dynasty, and all the new systems that were not in the early Tang Dynasty decrees but had to be legalized were attached to the "heavenly decree" in the form of attached orders at that time. Volume 66 of Yuhai records: Prime Minister Lv Yijian and others "wrote more than 500 lighter systems and charges, which were classified in order and attached to the end of each volume", which was named as the preface. However, these appendices were not found in this edition of Tian Sheng Ling, which may be separated from Tian Sheng Ling in later circulation and become a book of its own. Understanding these four kinds of compilation is very helpful for us to make full use of the value of Natural Spirit. We should also pay attention to one problem when studying the Heavenly Sacred Order, that is, the Tang Order in the 25th year of Kaiyuan compiled in the 3rd year of Song Chunhua (992) was mainly based on the official system and taboos in Song Dynasty, and the text of the Tang Order was revised, but the content remained unchanged. The revised Natural Order was collated according to the Order of the 25th year of Kaiyuan. Therefore, in some places, the Tang order attached to the Tiansheng Order is different from the original order in the twenty-fifth year of Kaiyuan.
The value of Born Spirit to the study of Tang Shi is self-evident, and the significance of this book to the study of Tang Ling is mainly discussed here.
First of all, we can learn something about Tang Ling from Born Spirit. From the reign of Tang Zhenguan to the 25th year of Kaiyuan, there were only 27 titles in Tang Ling, followed by other titles. For example, after the closure of the city, there is a death arrest order, and after the medical order, there is a fake peace order. In the previous Six Codes of the Tang Dynasty, only 27 titles of Tang orders were listed, all of which were official titles, and there were no titles attached, such as death arrest orders and false peace orders. However, pension orders are called arrest death orders and fake peace orders. The titles of 27 Tang orders listed in Six Codes of the Tang Dynasty are usually regarded as the titles of the seven-year order of Kaiyuan, which are obviously different from those of Yonghuiling. It seems that the title of "Yong" was modified when it came to "Kailing". The discovery of this edition of Tianshengling confirms that the title listed in Fengling is Tang Ling, and it also proves that the title in the 25th year of Kaiyuan is the same as that in the 7th year of Kaiyuan and Yonghuiling. However, some changes have been made to the pension order, such as the addition of the monk and nun order that is not in the Tang Order, and the order of the provisions has also been adjusted. The relationship between the attached title and the main title contained in the Heavenly Sacred Order gives us useful enlightenment, for example, the Death Arrest Order is attached to the City Seal Order. In the Tang Dynasty, Guanshi had the function of a checkpoint. People who come and go must produce valid official documents and certificates, so it is easy to catch people who have fled to Guanshi. Therefore, it is reasonable to attach the death penalty arrest warrant to Guan's order. Similarly, medical treatment is mainly about medical treatment. When an official is sick and needs treatment, it naturally involves holidays. Therefore, the Tang order attached a false peace order to the medical order. Through Natural Order, we can see the internal relationship between the theme and the attached topic, from which we can see the position of other attached topics in Tang Ling. For example, the order of learning and the order of knights should be attached to the order of election; "Lu Ling" should be attached to the "Inspection Order".
Through the study of Tian Sheng Ling Ling Ling, we can understand Tang Ling's principles of book revision. For example, in the early Tang Dynasty, household taxes and tuition fees were not involved in the heavenly order. Therefore, we can draw the following conclusions: the activities of amending orders in the Tang Dynasty were all related to the old orders. If there is no content in the old order, new terms will not be added, but will be added and modified in the form of "cases". In other words, the revision of every law in the Tang Dynasty was carried out within the framework of the old laws in the Tang Dynasty. This tradition was also inherited by Tiansheng Mausoleum in Song Dynasty. In the Tang Dynasty, with the development of politics and economy, the new system that needed to be legalized was standardized in another legal form. The case can also modify and supplement laws and formulas other than the order. Due to the special legal form, the legal system of the Tang Dynasty has the function of super-stability, and it will not bring negative influence to the society because of the revision of the law every time.
There is a relationship between the mother law and the child law between the Tang Law and the Pension Order, but many Tang laws compiled in the Tang Dynasty, especially the Yonghui Order, have been lost. We can further explore the inheritance degree of the pension order from the Tang order through the Tang order attached to the heavenly sacred order. Only in this way can we correctly play the role of "pension order" in the restoration of order in Tang Dynasty. The Order for the Elderly has both a complete side and a modified side of the Tang Order.
First, let's look at the catalogue. Most of the provisions of the Pension Order are inherited from the Tang Order, but some changes have been made. For example, the official order was changed to an official order, and the prison order was changed to a prison order, adding a monk and nun order that the Tang order did not have. In addition, the order of articles has also been adjusted, and Tian Ling has been adjusted from Volume 2 1 of Tang Ling to Volume 9; Adjust the closing order of Volume 25 of Tang Ling to Volume 27; Adjust Tang Ling's Book Order in Volume 28 to Volume 20.
Second, look at the content. Take Tian Sheng Tian Ling Ling as an example. Fifty-six articles of Tiansheng Tianling Order and thirty-seven articles of Tian Ling Tianling Order. The Pension Ordinance does not fully adopt Tang Ling, so some adjustments have been made to it. There are five contents in Pension Order, but there are no corresponding provisions in Tiansheng Order and Tian Ling Order. For example, the last two decrees of the pension order and the miscellaneous order can not be found in the sacred order and the miscellaneous order. Here, apart from the differences between the blueprints of Pension Order, Yonghui Order and Tiansheng Order, we should also consider the supplements of the 25th year of Kaiyuan Order, Pension Order and Tian Order, which may have been made according to Japan's own social reality at that time. There are 50 sacred orders and forage orders, and 39 pension orders and forage orders, which are not completely followed by Tang orders. The Pension Order and the Service Order also divided the first article of the Tang Order into two articles, merged the third and eighth articles of the Tang Order into one article, merged the thirty-first and thirty-fifth articles of the Tang Order into one article, and moved the third article into the second article of the Tian Order. There are four decrees in the pension order and the service order, but there are no corresponding provisions in the decree and the service order. In particular, article 6, on the expropriation of Yicang, is not included in the sacred decree and requisition order. I have made textual research in the article "Tian Yi Ge Tian Mandate Order Collection and Preliminary Exploration of Requisition Order", and the tax law of Yicang Land has never been promulgated by order since it was formulated. Then why is there a tax law of easy warehouse in the pension order and service order? I think the blueprint of the pension order includes not only the Yonghui Order, but also the regulations promulgated during the Yonghui period. As mentioned above, there are some provisions in the salary order, the field order and the salary order that are not available in the natural order. Some of these decrees may have borrowed from the style of Yonghui period in France. Another example is the old age order and the monk order. There is no such order in Tang Ling, and it is undoubtedly correct for Tang Ling to identify it as Tang Ge. These squares are the squares of Yonghui period. We should pay enough attention to the importance of Tang Ge in the revival of Tang Ling. In addition to the case, the form should also be concerned. Chinese scholars have not studied this formula enough, mainly because of the lack of data. It is worth mentioning that the existing Japanese "Shi Yanxi" is an important reference material for studying the laws of the Tang Dynasty. There are six clouds in the Six Classics of the Tang Dynasty: "There are three articles in each body (also listed as 33 articles, including Cao and his secretary, Taichang, Si Nong, Guanglu, Taifu, Taifu, Shaofu, jailer, warden and accountant)." Japanese "Shi Yanxi" has obvious traces of tang style in both style and content, which should be studied and used well.
By comparing with the Heavenly Order, we can find that many provisions of the Pension Order are directly copied from the Tang Order without any changes, such as Articles 9, 13, 14, 20, 22, 24, 25, 27 and 30 of the Heavenly Order. Studying the trade-off relationship between Pension Order and Tang Order attached to Tiansheng Order will help us make better use of Pension Order and promote the restoration of the other 20 volumes of Tang Order. Of course, this requires the joint efforts of Chinese and Japanese scholars and historians of Tang and Song Dynasties, so as to restore Song Ling from the new system of Song Dynasty to Tang Ling. The legal research in Tang and Song Dynasties should not be based on dynasties, but should be studied as a whole.
Japanese scholars have long noticed the value of Six Classics of the Tang Dynasty, General Classics and Tang Yaohui in studying the restoration of the Tang Dynasty. The discovery of Tianshengling provides an excellent condition for us to further use these documents to restore Tang Ling. But these documents also have some problems. By comparing with Natural Order, we can find that although these political books also record many Tang Orders, especially the Six Codes of Tang Dynasty, they are not legal classics after all, but mainly books that record the evolution of the Tang Order system, so it is impossible for editors to completely copy and copy the original Tang Order. Judging from Tang Ling's records, they are all more or less simplified, or summarized and processed by the author in his own way. Take the Six Classics of Tang Dynasty as an example:
"Six Canon of Tang Dynasty" Volume III:
Where there are differences in abel tamata's system, Ding Nan and Zhong Nan will each give one copy (note: Ding Nan will also give one copy to those who have reached the age of 18).
"Six Classics of Tang Dynasty" Volume Three and Cloud:
There are two kinds of Brahma talents, one is Yongye and the other is Koufen. Ding Zhitian's second career is eternal, and the eighth is oral division.
The above-mentioned land system in the Tang Dynasty is described in Tian Sheng Tian Ling Ling:
Zhu Dingnan gave 20 mu to Nagano Field and 80 mu to Kubenden, among which 18-year-old men were also given by Ding Nan. The old man, the sick man and the sick man gave Kublai Khan 40 mu each, and the widowed concubine gave Kublai Khan 30 mu each, so they filled in the number of long-term workers and mouths first.
Comparing this order with that contained in Six Codes of the Tang Dynasty, we can see that "all systems in abel tamata are poor" and "all fields are divided into two classes, one is called eternal industry, the other is called oral industry", which is not the original text of the Tang Dynasty, but a general narrative made by the author according to the contents of the Tang Dynasty. Secondly, since the text of the Six Classics of the Tang Dynasty says that "men in China are biased towards one side", it is also said in the notes that "men in China for eighteen years were also given by Ding Nan". It's not without repetition. However, I think this is a phenomenon caused by many changes in style during the eighteen-year compilation of the Six Classics of Tang Dynasty. In other words, the author lists the outline first, and then adds comments according to the outline. Another example is Six Classics of the Tang Dynasty (Volume 3):
Every Ding Hu has a system of "preferential treatment and exemption" (note: the emperor who was born in Zong Zheng, his relatives, and the five products all went to their parents, brothers, descendants, and heads of various colors).
The system of exemption from service in Tang Dynasty involved people of various identities. Here, the Six Classics of the Tang Dynasty are described in a general way, and some of them are listed in the form of notes, but they are still not detailed, so "people of various colors and positions" are used instead of notes.
The compiling style of the Six Classics of Tang Dynasty is "incorporating into six parts" and "compiling its evolution into annotations". Generally speaking, the original text is sometimes used as annotations, which needs to be distinguished. For example, the Six Classics of the Tang Dynasty mentioned above has three annotations: "Anyone who is a middle-aged man at the age of 18 is also given by Ding Nan." Tian Shengling is attached to Tang Tianling, which is the text. There are three notes in the Six Classics of Tang Dynasty: "There are two days in leap year", "Cheating and avoiding classes, not limited to morning and evening, are levied". In the Tang dynasty, the tax service order attached to the divine decree was a text.
Another example is about the collection time of rented songs. There are specific time regulations in the tax service order of Tang Dynasty attached to the Order of Heaven. For example, "all kinds of rent adjustment songs are lost in early August every year and completed within 30 days." In early September, the States issued. " "Rent, quasi-state-owned land will be harvested sooner or later, and ... 1 1 month will be lost, and the first month will be finished on the 30th. ..... If you lose your state, you will finish on December 30. " Three volumes of the Six Classics of the Tang Dynasty say: "All ordinary things are collected in the middle of autumn and originated in the state in the middle of autumn. The rent will be harvested by the state soil sooner or later, and will be collected according to the amount of things. It will be lost in the middle of winter, Meng Chun will be successful, and the state will be successful. " The author of Six Classics of Tang Dynasty replaced August, September, November, January and December in the original Tang calendar with his own language: Mid-Autumn Festival, Qiu Ji, Winter Solstice, Meng Chun and Jidong.
It is also very difficult to restore order in Tang Ling. By comparing Natural Order, we can see that some prefaces of Tang Order and Japanese pension order contained in existing documents of Tang Dynasty are not recorded strictly according to the original preface of Tang Order. For example, the General Code has been published for six years in the Tang Dynasty, and Article 44 of the original Tang Law, "Artisans are not in service", is listed after the first article and before other articles; Volume III of the Six Codes of the Tang Dynasty lists Article 30 of the Tang Dynasty tariff as the second. The author did this entirely for the convenience of narration, regardless of the original order of tax orders in the Tang Dynasty.
The above situation is often seen in other documents of the Tang Dynasty. This makes it difficult for Tang Ling to regain its original flavor. In view of this, I imagine that fuzzy reduction method can be used, that is, it is not necessary to deliberately pursue the original appearance of the word Tang Ling, as long as the content is not different, it is Tang Ling's. Of course, it should be our goal to restore the original appearance of Tang Ling word for word. If we can't, we can be flexible.
The value of Born Spirit to the study of Tang Ling is various. Among the unearthed documents in Dunhuang, there is a remnant of the official list, which is about the official system in the Tang Dynasty and has attracted the attention of many scholars. Mr. Liu identified it as Tianbao Writ, and put forward the viewpoint that Tianbao Law, Tianbao Writ and Tianbao Style were revised in the fifth year of Tianbao in the Tang Dynasty (746). This view is very influential, so far no other scholars have put forward different opinions except me. I once wrote an article saying that there was no such thing. Now make a supplement according to "God's will". The sixth volume of "General Code" says: "Three-year natural forest protection system: the annual collection will be adjusted to September 30." If, as Liu said, Tang Zeng revised the Natural Forest Protection Order in the fifth year of Natural Forest Protection, then the provision of three years of Natural Forest Protection should be included in the Natural Forest Protection Order. According to the principle that the law should not follow the old one, this Tianbao Order should be adopted in the Song Dynasty. However, Article 2 of the Order of the Tang Dynasty attached to the Order of the Immortals (Volume 22) and the Order of Requisition reads: "All kinds of things are transferred from the first ten days of August every year." It has not been changed to September according to the three-year system of natural forest protection. In other words, there is no Tianbao Order. This book published in Tianbao for three years has actually been included in the case of the Tang Dynasty, and the content of the order of the Tang Dynasty has been adjusted in the form of a case. On this issue, we can use the relevant materials in the Song Criminal Code as evidence. "Song Dynasty Criminal System" Volume 12 "Missing or Increasing Accounts" contains:
According to the "household order", all men and women under the age of three are yellow, those under the age of fifteen are small and those under the age of twenty-one are medium. He is twenty-one and sixty. A man without a husband is a widow.
……
On December 25, the third year of the quasi-Tang Tianbao Festival. From now on, people in the world will be over 18 years old, and men will be over 23 years old.
The Criminal Code of the Song Dynasty listed the provisions of the Order of the Twenty-fifth Year of Kaiyuan in the Tang Dynasty, which stipulated that men should take twenty-one as the ding, and then listed the Tianbao three-year festival, which stipulated that men should take twenty-three as the ding. If Tianbao did make a Tianbao order in the fifth year of Tianbao, then it must be changed to let men take twenty-three as the standard according to the provisions of Tianbao for three years. However, according to the situation recorded in the Criminal Code of Song Dynasty, it is obvious that there was no natural forest protection order in history. Therefore, the existing "Tiansheng Decree" proves that there has never been a formal revision of the decree since the twenty-five years of Tang Kaiyuan. The Tang and Song Dynasties were a period of great changes in China's traditional society. However, the study of history is inseparable from specific time, and historians must pay attention to the timeliness of historical changes, which is one of the basic requirements of historical research. As far as the Song Dynasty is concerned, the whole Song Dynasty has a history of 320 years, of which the Northern Song Dynasty has a history of 167 years. The decrees recorded in Born Order are the concentrated expression of the political and economic life in the Northern Song Dynasty, which is of great value for studying and understanding the social changes in the Song Dynasty at that time. In the early Song Dynasty, Tang Ling was used. In the third year of Emperor Taizong's Chunhua (992), he compiled the Order of the Twenty-fifth Year of Tang Kaiyuan, and made some changes to it, named it Chunhua Order, but the content remained unchanged. "Yu Hai" Volume 66 "Chunhua Bian" said: "Emperor Taizong made the order and style of Chunhua in the 26th year of Kaiyuan (May)." Chen's Record of Solving Problems in Zhizhai consists of seven volumes: thirty volumes in style and twenty volumes in style of Tang Dynasty. During the Chunhua period of this dynasty, Pan Xian, a doctor of Zanquan, collated with Wang Si, a writer. In fact, Ling Chunhua is still a Tang Ling. In the seventh year of Tiansheng (1029), Tiansheng Order was compiled, which was the first real Song Dynasty Order. It has been 68 years since the establishment of the Song Dynasty. Nearly sixty years have passed since the revision of Tiansheng Order, and the second order, Yuanfeng Order, was revised in the Song Dynasty. From the early Song Dynasty to Zongshen's compilation of Yuan Fengling, great changes have taken place in the society of Song Dynasty, and the compilation of Tianshengling is in the middle of this period of history. Natural Order occupies an important position in the history of legal compilation in the Northern Song Dynasty.
In addition to the imperial edicts of the Song Dynasty, even the abandoned imperial edicts of the Tang Dynasty can also be used to explore meaningful research value. For example, regarding the good and bad system in the Tang and Song Dynasties, a large part of the criminals in the Tang Dynasty were official handmaiden. In the Song Dynasty, this system changed. The divine decree abolished many laws concerning officials and maids. An unnecessary Tang Order attached to Volume 30 of Miscellaneous Orders said: "When an official and a handmaiden grow up, shilling should be the spouse of an official." According to the judicial principle of nullum crimen sine lege, this law was abolished in Song Dynasty, which means that handmaiden in Song Dynasty can marry lover. This abandoned Tang order reflects the progress of history. Many scholars believe that the system of high quality and low price in Song Dynasty has disappeared. However, it is recorded in the order of execution: "All slaves sued Liang, went naked to the official yamen, detained and sent people, and observed the situation (day) [eye], knowing that it was good and true, and those who should be released did not sit down." "Divine Order Miscellaneous Order": "If criminals are slaughtered, those who should sit in the forbidden garden should not be driven away by the sacrifice of the Prince of the East Palace." According to these records in the Heavenly Sacred Order, at the latest in the early Song Dynasty, the legal system of good and evil still existed and did not completely disappear.
Not only the abandoned Tang Ling can provide clues for research, but also the original version of Tian Sheng Ling and the relationship and evolution between the revised Song Ling and the original Tang Ling can help us understand the social changes in the Tang and Song Dynasties, especially the history of the Song Dynasty, which has important academic value.
Many laws were made up in the Song Dynasty, but they were all lost. Born Order is the earliest extant imperial edict in China, which is of great academic significance for studying the compilation style and form of imperial edict in Chinese history, its status and role. For example, at that time, not all laws in the history of China were in force, which can be found in the Criminal Code of Song Dynasty and Jurisprudence of Qing and Yuan Dynasties. Tianshengling was based on Tang Ling and the new system of Song Dynasty, and all unused Tang Ling were added intact. Its purpose is obviously for reference when amending the law in the future, or as a basis for discussing and interpreting the law. This provides a sample for us to correctly understand the traditional laws of China. For example, regarding the status of orders in the traditional legal system of China, priority should be given. Because order is related to the national system. The Six Classics of the Tang Dynasty, Volume VI, said: "The law convicts with positive punishment, so that it can set a model system, prohibit violations of good and evil, and take matters as the basis." In other words, the law is about the norms of the national system and the basic system. If this norm is violated, it will be regulated by law. In this sense, law only plays an instrumental role in serving order, and order is the center of the legal system.