郑克法律思想初探

郑克的法律思想集中反映在其著作《折狱龟鉴》中。法官的品德与才能、诉讼审判的经验与技巧是其法律思想的两个重要方面。郑克认为 ,法官既要有仁恕矜谨、勇于为义、尽心不苟的品德 ,又要具备明辨深察、博闻广见、妥善处事的才能。而且 ,从诉讼、侦查、审理到判决都有经验可供后人借鉴。

A Study on Zheng Ke's Legal Theory

Zheng Ke's legal theory, which includes two important parts, with one relating to the judges' moral characters and abilities, and the other relating to the experience and skills in judging a case, is reflected intensively in his works Collection of Judging Lawsuits. Zheng Ke holds that a judge not only should have such moral characters as benevolence, tolerance, self-discipline, impartiality, seriousness and conscientiousness, but also can distinguish right from wrong clearly, observe thoroughly, be experienced and learned, and behave properly, Moreover, there is some experience of investigating, trying and deciding a case in litigation, which is worthy of being learned by later generations.