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由 律 令到 时令秦汉林业立法及森林保护体系变迁

From LLingto Shilingthe Change of Forestry Legislation and Forest Protection System in Qing and Han Dynasties

  • 摘要: 从森林资源的有效保护看,秦汉社会以国家为主体的山林保护体系处于不断弱化的历史阶段,对山林护育的 行政保障从先秦时代的律令规制退化为汉代月令等时俗性的约束。对照史籍与出土文献的相关记录,即 使林业资源保护条文的执行也面对得诏书,但挂壁的现实窘境。这一历史性变迁的根源,在于林业立法体系的 弱化。先秦时代较为完备的林官体系逐渐解体,由主要服务于帝室的少府、水衡都尉、将作大匠等零散设置所代 替,且具有重采伐利用而轻于管理护育的特点。

     

    Abstract: From the effective protection of forest resources of view, the protection system of forests managed mainly by state during Qin and Han dynasties experienced a historical stage of gradually weakening, and the administrative ensuring of protecting forests was weakened from the L(laws) and Ling(decrees) in the early Qing Dynasty to the Yueling(monthly customary regulations) in Han Dynasty. Comparing the historical records and unearthed documents, the implementation of articles on the protection of forest resources was in real dilemma as even imperial rescript was only hanged on the wall without actual implementation. The root cause of the historical change was the weakening of legislative system on forestry. The relatively complete system of official forestry management was gradually dismissed, and replaced by the unofficial organizations serving royal family, such as Shaofu(in charge of the land, water and handicraft manufacture in Qing Dynasty), Shuihengdouwei(in charge of property, money cast, ship building and the management of water system in Han Dynasty) and Jiangzuodajiang(in Han Dynasty, the same function as Shaofu); moreover it was featured as the huge efforts on logging and harvesting, but little on management and culture.

     

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