從戴孚《廣異記》看唐代地獄審判的法制意義

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2007-12-01

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中國法制史學會、中央研究院歷史語言研究所

Abstract

唐代嶄新的地獄樣貌的出現,主要是受到初唐時期唐臨《冥報記》的影響;而 唐代地獄審判,最具體的代表,則是出現在晚唐的 《佛說十王經》 。成書於中唐時期的戴孚《廣異記》,所反應的地獄審判恰好代表初唐至晚唐的過渡現象, 對於考察唐朝地獄審判的法制意義,具有重要的指標意義。 《廣異記》仍沿襲魏晉以來「生人入冥」手法,書寫地獄審判,從而得以呈現「地獄官僚結構」和「俗世司法制度」的投射,值得探究。此外,地獄審判深化對官員不當執政的制裁,具有透過「陰騭」強化官箴的效果;華山神則亦透過地獄審判的職能,而與泰山神更加具有分庭抗禮的地位。《廣異記》對於陰間「紙錢」的書寫,應是最全面而豐富的素材,同時也反映俗世司法腐敗的現象。
In T'ang dynasty, the “Judgment in the Hell” has a courthouse, a judge and an instrument of torture, which are similar to the legal system in the living world. Basically, this kind of image intends to reflect the fact that the criminals should be punished. This renew appearance about the image of the hell is influenced by T'an Lin's “Min-Pao Chi” in the beginning of the T'ang period. An essential book is the book “ The Scripture on the Ten Kings ( Fou So Shi Wang Chin 佛說十王經) ” written in the late T'ang dynasty. Alternatively, Tai Fu's “Kuang - i chi” is another book written in the mid of T'ang Dynasty., representing a transition in the T'ang Dynasty. In addition, it is also a significant and indispensable resource for investigating the legal system of the “Judgment in the Hell” in this period. The author has been investigated the secular meanings of the judgment in the hell from the aspect of a legal system in the recent years. Several papers have been completed and published. Based on the current research results, this project intends to construct a full appearance and understanding for the topic of “judgment in the hell” in T'ang Dynasty. In T'ang dynasty, the “Judgment in the Hell” has a courthouse, a judge and an instrument of torture, which are similar to the legal system in the living world. Basically, this kind of image intends to reflect the fact that the criminals should be punished. This renew appearance about the image of the hell is influenced by T'an Lin's “Min-Pao Chi” in the beginning of the T'ang period. An essential book is the book “ The Scripture on the Ten Kings ( Fou So Shi Wang Chin 佛說十王經) ” written in the late T'ang dynasty. Alternatively, Tai Fu's “Kuang - i chi” is another book written in the mid of T'ang Dynasty., representing a transition in the T'ang Dynasty. In addition, it is also a significant and indispensable resource for investigating the legal system of the “Judgment in the Hell” in this period. The author has been investigated the secular meanings of the judgment in the hell from the aspect of a legal system in the recent years. Several papers have been completed and published. Based on the current research results, this project intends to construct a full appearance and understanding for the topic of “judgment in the hell” in T'ang Dynasty.

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