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Download Article Advances in Social Science, Education and Humanities Research, volume 356 2nd International Conference on Contemporary Education, Social Sciences and Ecological Studies (CESSES 2019) Legislation and Official System in Tang Dynasty: Compilation of Ge and Ge-style Imperial Edict Shu Wang China University of Political Science and Law Beijing, China Abstract—Imperial edict is one of the important sources of edicts from the perspective of the evolution of power and laws in Tang Dynasty. In the early stage of Tang Dynasty, the duties of officials in the central government system in Tang central government compiled imperial edicts into Lv, Ling, Ge Dynasty. and Shi centered code system. In the later stage of Tang Dynasty, the focus of legislative activities was shifted to the There were two kinds of legislation procedures in Tang compilation of Ge-style imperial edicts due to the Dynasty. One of them was the holistic legislation in which transformation of the overall bureaucracy. In response to the Lv, Ling, Ge and Shi (they are four main forms of laws in actual political needs, the official system of Tang Dynasty Tang Dynasty; wherein, Lv stipulates the laws about gradually changed from the official system of officials to the punishment and conviction; Ling specifies the national dispatching system of special commissioners, and the status institutions and social estates; Ge provides the authorities and functions of the six ministries also undergone major and responsibilities and activity principles of government changes accordingly. The change reflected in the ministry of officials; Shi regulates the procedures and formalities and punishments, the main legislation body, was the reduction in document formats for handling affairs in governmental the decline of authority and position. At the same time, the role offices) were formulated jointly or Ling, Ge and Shi were of imperial edict in the dispatching of special commissioners formulated jointly; the other one of them was individual became more and more powerful. Naturally, the legislation legislation which is to separately compile one or two law focus of the ministry of punishments in late Tang Dynasty was form(s). Taking "The An Lushan Rebellion" as the general turned to the sorting and compilation of imperial edicts. Hence node, the legislative activities in Tang Dynasty can be it can be seen that the evolution of legal form in Tang Dynasty is closely related to the evolution of official system, and the divided into the early stage and the late stage. In the early latter is an important reason for driving the change of the stage, the legislative activities mainly focused on holistic former. This also reflects the "official system and legislation compilation of Lv, Ling, Ge and Shi; in the late stage, the isomorphic model" legal construction characteristics in legislative activities mainly focused on individual traditional imperial China. compilation of Ge-style imperial edicts. Ge in Tang Dynasty is one of the codes uniformly Keywords—Ge; Ge-style imperial edict; official system and codified by the central government of Tang Dynasty and has legislation isomorphic model a high legal effect. It was sourced from imperial edicts; its I. INTRODUCTION content is divided into chapters in accordance with the six ministries and 24 divisions and covers all aspects of social "Official system and legislation isomorphic model" is an life. Its role is to flexibly supplement or even modify the Lv, institutional construction model unique in the traditional Ling and Shi to maintain the stability of the entire legal imperial China; namely, an official system was established in compilation system. In the late stage, Ge was developed into accordance with the categories of affairs in state governance Ge-style imperial edicts which destroyed the stability of Ge. and social administration, and a legal system was established on the basis of the official system and in accordance with the II. GE AND HOLISTIC LEGISLATION duty limits and procedures of officials, in order to "rule the people" by "ruling the officials". In the entire historical The holistic legislation in the early stage is to development course of China, "official system and simultaneously make systematic compilation of Lv, Ling, Ge legislation isomorphic model" has different concrete and Shi under imperial edicts. It was generally hosted by manifestations in different historical stages. In Tang Dynasty, important officials of the central government, and was the central government system of Three Councils and Six attended by officials familiar with legal or administrative Ministries was gradually developed and perfected, and the affairs. From the first year of Wude period (AD618) to division of power and duties of governmental departments Kaiyuan period, Tang Dynasty experienced this kind of became clearer. The compilation procedures and content holistic legislation activities for nine times. Among them, the styles of Ge and the latter derived Ge-style imperial edicts times in which there were detailed records about the are closely related to the evolution of bureaucracy. Taking compilation participants were respectively in the first year of the ministry of punishments as an example, this paper Wude period, the first year of Zhenguan period, the first year explores the historical evolution of Ge and Ge-style imperial of Yonghui period, the first year of Jingyun period, the sixth Copyright © 2019, the Authors. Published by Atlantis Press. This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). 1144 Advances in Social Science, Education and Humanities Research, volume 356 year of Kaiyuan period, and the twenty-fifth year of Kaiyuan TABLE I. THREE INDIVIDUAL LEGISLATIONS IN THE EARLY STAGE period. The officials responsible for hosting the compilation Ordered to Ge Distributed Yuan Zhixin (official 1 were respectively : Yin Kaishan (official position: modify in the to the Public in position: Sixing Taichangbo, Shangshuling Zuopushe, equivalent to deputy prime second year of Yonghui Period, equivalent to the head of the minister), Zhangsun Wuji (official position: Shangshuling Longsu period Vol. B ministry of punishments)3 Youpushe, equivalent to deputy prime minister), Fang (662) Ge Reserved in Li Jingxuan (official position: Issued in the the Division in Shaochangbo, equivalent to Xuanling (official position: Zhongshuling, equivalent to second year of Yonghui Period, the assistant minister)4 prime minister), Zhangsun Wuji (official position: Taiwei Linde period Vol. B Li Wenli and etal (official Tong Zhongshu Menxia Sanpin, equivalent to grade 3 officer (665) position: Sixing Dafu, of Secretariat-Chancellery), Li Ji (official position: Shangshu equivalent to senior official in 5 Zuopushe, equivalent to deputy prime minister), Cen Xi the ministry of punishments) The first year The imperial Zhang Xi (official position: (official position: Shangshu Shilang Tong Zhongshu Menxia of Jinglong "Ge Distributed Xingbu Shangshu, equivalent Pingzhangshi, equivalent to officer in Secretariat- period (707) and Issued" was to the head of the ministry of Chancellery), Li Linfu (official position: Zhongshuling, revised and punishments) equivalent to head of central Secretariat) 2, and Niu Xianke determined and other persons familiar (official position: Shizhong, equivalent to Privy Councilor). again6 with laws It can be clearly seen that holistic legislation as the core The fourth The "New Ge in Xiao Jiong (official position: year of Kaiyuan Period" Xingbu Shangshu) national affairs is under the charge of the prime minister just Tianbao was slightly next to the emperor. In early Tang Dynasty, Shangshusheng period (745) added and Council was in charge of many aspects of affairs and was revised7 treated as the core department of governmental administration; and legislation ought to be the responsibility of the head of Shangshusheng Council (equivalent to prime III. GE-STYLE IMPERIAL EDICTS AND INDIVIDUAL minister). Later, in order to improve administrative LEGISLATION efficiency, the cooperation between Zhongshusheng and Up to the late stage, individual legislative activities were Menxiasheng was strengthened, and prime minister's power carried out for more times than ever and gradually became was gradually transferred to Zhongshu Menxia. The the main form of legislation. After "The An Lushan establishment of "Zhongshu Menxia" in Kaiyuan period Rebellion", there were only four times of holistic legislation means that Zhongshusheng was raised in status and activity and the scale was not as grand as the early stage. It gradually replaced the function of Shangshusheng in dealing was often the case that "Three or two officials who are clear with administrative affairs. Therefore up to the late stage, the about relevant affairs may be selected from Zhongshu holistic legislation work was mainly under the control of the Menxia revise and determine the legislation together with head of Zhongshu Menxia. two or three judges". 8 After the second year of Yuanhe In addition, in the early stage, there were three times of Period (807), holistic legislation was no longer carried out individual legislations that only oriented to compilation of any more in Tang Dynasty; and the seven individual Ge (or Ge and Shi) (see "Table I"). legislations carried out after "The An Lushan Rebellion" were all sorted out and compiled with respect to Ge-style Obviously, individual legislation activity was under the imperial edicts. charge
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