唐代亲属杀伤、财产案件中的情理法适用

Application of Human Sentiment, Reason and Law in Kinship Assault, Homicide and Property Cases of the Tang Dynasty

摘要: 唐代亲属杀伤、财产纠纷案件的司法处理深度融合“情”“理”“法”三重价值，是唐代“礼法合一”司法传统的典型体现。本文以《唐律疏议》和典型案例为依据，界定两类案件类型与情理法的内涵及辩证关系，剖析二者在司法实践中的具体适用与特点，梳理情理法在案件中呈现的情与法、理与法、情与理三类冲突，并总结出法律柔性解释、调解优先、刑罚灵活调整等调和机制。研究揭示了唐代法为裁判基础、理为依据、情为补充的司法逻辑，其蕴含的情法协调等理念，为当代亲属纠纷司法处理提供了重要历史借鉴。

Abstract: The judicial handling of kinship assault, homicide and property dispute cases in the Tang Dynasty deeply integrated the three values of “human sentiment”, “reason” and “law”, which was a typical embodiment of the judicial tradition of “the unity of ritual and law” in the Tang Dynasty. Based on The Tang Code with Commentaries and typical cases, this paper defines the types of the two categories of cases as well as the connotations and dialectical relations of human sentiment, reason and law, analyzes their specific application and characteristics in judicial practice, sorts out the three types of conflicts between human sentiment and law, reason and law, and human sentiment and reason manifested in the cases, and summarizes the reconciliation mechanisms such as flexible interpretation of law, prioritization of mediation and flexible adjustment of punishment. The study reveals the judicial logic of the Tang Dynasty that law served as the foundation of judgment, reason as the criterion and human sentiment as the supplement. The concepts such as the coordination of human sentiment and law contained in it provide an important historical reference for the judicial handling of modern kinship disputes.