中国古代依法断罪制度源流考

中国古代援法断罪,罪刑法定的制度源远流长,源流清晰,成为国家制定成文法的重要动力,其出发点是维护法律的统一适用,约束司法官权力的滥用。由此而提高了法律的权威,严肃了司法官的责任,维持了法律的秩序,因而一直适用至清末修律。它与西方为反对侵害个人权利与自由而提出的罪刑法定的资产阶级法治原则,在性质上是不同的。但就依法断罪量刑而言,却有其一致性。

Research on the Origin of Practicing Legality of Conviction in Ancient China

The practice that convicting and sentencing in adherence to the law has a relatively long history and indubitable origin in ancient China since justice at that time performed legality of conviction. Meanwhile, this practice has contributed to the enactment of statue law as a major factor, aiming to maintain the consistency of law and avoid judges’ abuse of power. By carrying out this practice, authority of law was raised while responsibilities of judges made clear and law system operated methodically. In li...