探析中国古代的刑罚权思想

刑罚权从扩张滥用到谨慎谦抑地适用是法治从野蛮到文明的标志之一,在刑罚权发展的历史阶段中,我国古代的刑罚权思想极具特色。既有慎刑思想,又有重刑思想,二者在不同时期占居着不同的位置。而＂德主刑辅＂和民本思想又体现出恤民、惜民的进步意识。探析我国古代的刑罚权思想,有助于理解刑罚权具有超越犯罪控制本身的社会影响,启示当代中国遏制刑罚权的扩张本性,张扬刑罚权恢复正义、保障人权以及矫正罪犯的本分,

Exploration and Analyses on Thoughts of Penalty Power in Ancient China

It was a symbol of rule of law from savagery to civilization that power of penalty developed from expanded abuse to apply cautiously and tolerantly. In the different stage of development, the thoughts of penalty power in ancient China were extremely characteristic. There was either the cautious penalty or the severe penalty. Both had different position in different periods. The thoughts of the ＂Leading Morals Assistant with Criminal Laws＂ and the ＂People-oriented＂ embodied a kind of humanistic spirits and progresses. The exploration of thoughts of penalty power is helpful for us to understand that penalty power has social influence above crime control itself, and gives us some enlightenments in containing the penalty power expansion, publicizing, renewing justice, ensuring human rights and correcting criminals in China.