摘要： 作为立法语言，中国古代刑律中的“罪名”比较集中、系统地出现于唐代，其含义为法律条文对犯罪行为及其定罪量刑具体方面内容的列举。《唐律疏议》中涉及“罪名”的表述，包括“有罪名”与“无罪名”两类：“有罪名”即法律条文列举了犯罪行为及定罪量刑各方面的具体内容；“无罪名”即法律条文没有列举具体行为是否处罚或如何处罚。唐律分别规定了“有罪名”与“无罪名”的法律适用标准。明清律中仍有“罪名”的表述，并在沿袭唐律相关内容的基础上表意更加具体化。唐律中的“罪名”不是概括犯罪行为及其本质、特征的称谓；基于中国传统刑律的立法体例与发展趋势，这种概括性称谓也不会产生。透过“罪名”的含义与内容，可以揭示出中国古代刑律的核心是罪刑关系，而立法围绕核心问题所意图实现的宗旨是罪刑均衡。

关键词: 《唐律疏议》, 罪名, 定罪量刑, 罪刑关系, 罪刑均衡

Abstract: The“criminal charge”as one of legislative phrases in Ancient Chinese Criminal Law appeared massively and systematically in Tang dynasty.Its meaning was to give examples of the legal provisions on the criminal acts and conviction and sentence to certain criminal charges.Two kinds of criminal charge involved in Code of Tang dynasty, they are specific criminal charge and non-specific criminal charge.The former is such a kind charge that the criminal acts and conviction and sentence are mentioned in law, however, the latter's not.But Code of Tang dynasty still stipulated respectively legal application for the two.Certain description of criminal charges also existed in code of Ming and Qing dynasties, which follows the criminal elements of Tang, but more precise.The criminal charges in Tang is not the definition of criminal behavior, its nature, and the characteristics, which was based on Legislative System and Development Trend of Criminal Law, or this general title would never exist.The meaning and content of“criminal charge”reveals the core Chinese ancient criminal law is the relationship between crime and punishment, and legislation focuses on the core issues of intention to achieve the aims of balance between crime and punishment.

Key words: Code of Tang Dynasty, Criminal Charges, Conviction and Sentence, The Correlation of Crime and Punishment, Balance between Crime and Punishment