大赦制度在中國產生很早,職能主要是免除罪責。不過,唐代大赦卻在「除罪」之外,更具有了政務處分的職能。這主要體現在赦書中申禁條令的出現和擴展。這使得唐代大赦與行政法律體系的聯繫變得密切,如何協調的問題亦因之突現。此點唐後期尤為明顯。此前,大赦條文主要仍以修格的形式加以固定;此後則逐漸出現了赦條被獨立徵引的現象,往往與令格式敕等並列,成為一類特殊法令。不過,儘管大赦發佈場合比較特殊,赦條在具體應用中,卻仍遵循「一切以最向後敕為准」的原則,體現出朝廷的行政理性。
Amnesties appeared in China long ago, its primary function was being exempt from criminal penalty. In the Tang Dynasty, the rectifying regulations appeared and extended, the amnesties accordingly were provided with the more function of government affair management besides its fundamental function. As a result, the relationship between the amnesties and administration law systems grew closer, and how to coordinate them became more critical, especially in the later Tang Dynasty. In the former Tang Dynasty, regulations of amnesties were still mainly enacted with form of Ge (格), and then were generally cited independently and became a sort of special decree paralleling with Ling(令), Ge (格), Shi (式), Chi(敕), etc. Despite their particular issuance occasion, regulations of amnesties were put into effect in accordance with the latest edits, from which the contemporary government’s rational action was reflected.
大赦、行政、法律、法令、唐代
Amnesties, Administration, Law Decree, Tang Dynasty