唐朝婚姻家庭判词研究——以《甲乙判》为中心的考察

摘要

白居易《甲乙判》中的婚姻家庭判词是唐代婚姻家庭制度的缩影,也是儒学思想在立法、司法过程中与法结合的典型代表.这种礼、法结合的判词不仅对唐代政治、法制有一定的促进和推动作用,形成了唐代法制"一准乎礼"的特色,同时也形成了儒家化法官基本的价值倾向--天理、国法、人情的有机统一.《甲乙判》以人为本、重视情理法结合的司法理念,对于平衡现阶段我国司法实践中现代法治文化与传统礼教文化的冲突,可以起到很好的借鉴作用.%The verdict terms of marriage and family composed in A and B Judgment by BAI Juyi was the epitome of marriage and family system of the Tang Dynasty, as well as a typical representative of Confucianism combined with the law in the legislative and judicial processes.This kind of verdict terms combined with propriety and law not only created some roles for promoting and propelling the political and legal system of the Tang Dynasty to form the legal system characterized by Rule by Rites, but at the same time also tended to form the basic value of Confucian judges: an organic unity of the heavenly principles, the national law and traditional code of conduct.A and B Judgment regarded the human as the essence and put stress on judicial philosophy rooted by emotions, reasons and law, and it serves a very good reference and enlightenment to China′s judicial practice for balancing the conflict between modern legal culture and traditional ritual ethical culture.