略论传统中国严格执法的阻抗因素

法制是传统中国政治的重要组成部分，但严格执法却做得不够，甚至不大讲究。问题在于：传统中国是君主专制国家，奉行人治、礼治而非法治，其间阻抗严格执法的因素很多。主要表现为：法自君出，而君权无限，君、臣常漠视成法；德主刑辅，礼法冲突时，则屈法伸礼；法律虚无，狱吏位卑，舞文弄法、出入人罪；立法技术上的一些问题也使成法难守易破。这些因素共同作用，严格执法不仅难，而且无法克服。这使法律缺乏应有的威信与尊严，其消极影响是现代法治建设应当着力避免的。

Brief Comments on the Impedimenta of Law-enforcement in Traditional China

The legal system was important part of politics in traditional China, but the law was executed not strictly enough, even not minded enough. The problem is that traditional China was autocratic monarchy that was ruled by persons or the rites instead of law, where there existed many impedimenta for executing the law. The impedimenta can be showed mainly as： laws were derived from monarch while there＇s no limit to the monarch and were often disregarded by the monarch and his subjects; Leading Morals and Assistant Laws, and law was sacrificed when conflicts existed in them; law was nihilist and judicial officials who had lower social status pronounced sentences willfully ; the technology of legislation made the laws more difficult to obey and more easy to break. All these impedimenta made it too difficult to execute the law strictly, and thus the laws have neither the necessary trust nor dignity, the negative influences of which ought to be avoided in the process of modem law construction.