Detailed Translation of Ming Code,Inheriting the Laws of the Ming Dynasty:Typical Characteristics and Innovative Development of Qing Code's"Annotations"
Although the Qing Dynasty's legal system originated from the Ming Dynasty's legal system and had a high degree of similarity in legal texts,there were significant differences in the number and scale of annotations on the Ming and Qing dynasties'legal systems.Out of the 460 laws in the Da Ming Law,only 86 are accompanied by annotations,and the vast majority of annotations are explanatory annotations represented by the character"predicate".However,the Shunzhi Code has almost every article with small annotations,which is by no means the volume that can be covered by the annotations in the Da Ming Law.Most of the Qing Code annotations are added separately from the annotations in the Da Ming Law.Therefore,it can be considered that the legislative policy of"detailed translation of the Ming Code"in the Qing Dynasty is mainly reflected in the annotations.This has also created an unprecedented function of"translation"."Translation"is a unique function of Qing Code annotations and a characteristic of Qing Code annotations.Based on inheriting the experience of compiling legal dictionaries from previous dynasties,the addition of new annotations in the Qing Dynasty goes beyond the historical experience of legal annotations in the Tang and Ming dynasties,forming a very typical innovation.The innovation of adding annotations to the Qing Code system is firstly reflected in the supplementation of grammatical structures such as content words,function words,conjunctions,adverbs,prepositions,pronouns,as well as subjects,predicates,objects,attributives,adverbials,etc.Secondly,it clarifies the legal normative elements implied by the Ming Code,which includes reproducing various normative elements that have general provisions but are not explained in specific legal texts.This includes inferring the implicit normative elements based on the context of the legal text and reproducing them.Thirdly,it is reflected in the citation of other relevant legal provisions in the Qing Dynasty annotations to remind the applicable rules of the law.Finally,the Qing Code annotations expanded the scope of annotation to law names and examples,fully absorbed the essence of the Ming Dynasty's annotation laws,and treated the Qing Code laws and examples inherited from the Ming Dynasty equally as important objects of annotation.In addition,the explanatory and supplementary legislative annotations are more flexible in their annotation methods,and the annotation content is richer.It can be said that the Qing Code annotations are comprehensive and thorough annotations of the laws and codes.It can be said that the Laws of the Qing Dynasty is an excellent annotation book on the laws of the Ming Dynasty,which is a collection of the essence of a hundred schools of thought.By supplementing the minimalist language style of the Ming Dynasty's legal texts and reproducing the various legal norms implied in them,the Qing Dynasty's legal texts inherited from the Ming Dynasty's legal texts have a higher degree of certainty.From a legislative perspective,they have become the culmination of the collection of legal texts.Compared to the proliferation of legal texts and examples,which have been criticized in historical books throughout history,the alternation of complexity and simplicity in the annotations of legal texts cannot be completely regarded as an alternation of advantages and disadvantages.The development from simple annotations in the Ming Dynasty to complex annotations in the Qing Dynasty precisely reflects the requirement of alternating between complex and simplified regulations in the formulation of legal classics,and adapting to the times.It demonstrates that ancient legislation made good use of interpretive means to ensure the stability of the law,and always strived to bring new vitality to ancient laws.The changes in the complexity and simplicity of legal annotations,in accordance with the times,ensure that the basic values of traditional Chinese law have remained unchanged for thousands of years.This is precisely the valuable experience of traditional legal formulation.
Qing Codecommentary on the code of laws and regulationsjurisprudenceMing Codelegal text certainty
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