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On the Codes, Statutes, Regulations, Ordinances and Edicts in the Tiansheng Statutes

Huang Zhengjian

This paper discuses one by one the articles in the Tiansheng Statutes dealing with the code (lù), statute (ling), regulation (ge), ordinance (shi) and edict (chi). From the point of statutes, it is concluded that the relations between statute and code, regulation, ordinance and edict are briefly as follows:

The relations turned more or less in accordance with different ages. In the Tang period, statutes with some supplements of ordinance worked in legal effect in adjudging various cases except criminal ones. Contrastively, codes worked in penal adjudgement, and regulations consisting of edict texts acted as unknown legal clauses. To treat with exceptions, "the item of statutes is inapplicable to this case" was quite often issued in the Tang Dynasty, and "according to other edicts" was quite often is sued in the Song Dynasty. The Tang term without other statutory terms seems passive, and the Song term with clear and normal expressions seems active. The more "according to other edicts" was issued, the lower the legal effect of statutes became. 2ZDa+biTMxkEknG0kzNt5sWVS2jT+5ay0ArYPL9vRQ/Vx7fYn76Sy6AbfqcEsiaM

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