中国传统礼法文化视野下刑罚思想的历史考察

中国传统法文化以礼法文化为核心,礼法文化的实质则体现为礼刑关系。在礼法文化发展过程中,中国古代刑罚制度深受其影响,并随着礼法关系的演变而演变。在中国历史上,礼法文化的发展可表现为夏商周"礼法并用"、春秋战国至秦"弃礼重法"、汉至唐"礼法合流"和宋至清"理法结合"四个时期,在不同时期礼法关系的演变中产生了"明德慎罚"、"重刑尚法"、"德主刑辅"、"明刑弼教"等刑罚思想,这些刑罚思想给中国古代刑罚制度的建立与发展带来深刻影响,其中的积极和消极两方面的因素均可为当今中国刑罚制度的现代化改革提供历史的借鉴。

On the Historical Survey of the Penalty System in Chinese Traditional Legal Culture of Proprieties and Law

The culture of proprieties and law is viewed as the core culture of the traditional legal culture of China and its essence is reflected in the relationship of proprieties and penalty.The culture of proprieties and law has a profound impact on the traditional penalty system of ancient China during its evolution.In Chinese history,the evolution of the culture of proprieties and law can be divided into four periods such as the period of"combining proprieties with law "in Xia Shang-Zhou dynasties,the period of"valuing law and abandoning proprieties "in Warring States to Qin dynasties,the period of"intergrating proprieties and law"in Han to Tang dynasties,the period of"intergrating logic and law"in Song to Qing dynasties.During the different times many penalty ideologies were created such as"implementation of virtue and cautious punishment","valuing law and implementing heavy penalty ","making virtue primary and penalty secondary","making penalty assist enlightenment",etc.Those ideologies affected the traditional penalties system both positively and negatively which also can provide historical references for modernized reform of Chinses penalty system.