浅析新儒学的法律观及对律学的影响

两汉基于政治的稳定,经济的恢复和发展,汉武帝的个人才智和个性以及儒学自身发展的逻辑轨迹,确立了以新儒学为核心的封建正统法律思想。该思想以其独特的“天人感应”、“三纲五常”、“德主刑辅”、《春秋》决狱、秋冬行刑等理论原则影响着中国封建法制建设,在中国法制史上占据两千多年的统治地位。

On New Confucianism's Legal Views and Its Contribution to Traditional Law

In the period of the Han Dynasty,considering political stability,economic rehabilitation and development,the intelligence and personality of Han emperor and logic trace of Confucianism established feudal formal law thoughts as the center of new Confucianism. The thought, which is charactered by the theories of "interaction between heaven and humans","the three cordinal guides and the five constant virtues","mainly on morals,subsidiary to punishment","The Spring and Autumn making decision for prison","performing punishment in autumn and winter",influences the construction of China feudal law system.It occupies the controlling position for over two thousand years in the history of China's law system.