Legal History Review
Online ISSN : 1883-5562
Print ISSN : 0441-2508
ISSN-L : 0441-2508
Miscellanies
The Chinese Influence over the Statute Law in Silla
With a focus on the law regarding maintaining the national order
Dongjun JEONG
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JOURNALS FREE ACCESS

2013 Volume 63 Pages 103-128

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Abstract

This article aims to compare Silla(新羅)'s statute law with those of the contemporary Chinese dynasties to examine the Chinese influence over Silla in the following three issues;the rule of punishment for treason and larceny, the regulations defining the duties of an official in Silla's statute law before the Tang(唐) dynasty.
As so-called "Luling(律令:constitution)", the code which discriminated between criminal law[Lu(律)]and administrative law[Ling (令)], did not include the 'primitive luling(原始律令:statute)'of Chinese dynasties which mainly managed with the additional special law before CaoWei(曹魏) period and did not yet have compiled law as a code, it was difficult to apply the conception of the luling to the legal system of Silla.
The punishment rule for treason in Silla's statute law was influenced by the primitive luling up to the Caowei period. The punishment rule for official's corruption in Silla was affected by the primitive luling of the later Han(後漢)'s. Also the common law like the reparation for larceny might have been transformed into the statute law of Silla as Goguryeo( 高句麗) and Baekje(百済) did.
Goguryeo adopted the primitive luling of Han(漢) dynasty by way of Lelangjun(楽浪郡). Baekje adopted the primitive luling of the Chinese dynasty for the first half of the 3th century via Daifangjun(帯方郡). Silla almost adopted the primitive luling from both Goguryeo and Baekje. However Silla might have been partially affected by Tang(唐) regarding the regulations of the duties of an official.

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