入关前满族刑法文化研究

满族这一少数民族在历史上曾经建立起一代统治中国二百多年的大清王朝,对其入关前的刑法文化进行研究,有助于揭示其创造一统中原奇迹的某些原因,并可为入关之后清朝的某些刑法思想及刑法制度追根溯源。入关前的满族刑法处于由习惯法向成文法的过渡时期,其刑法文化的主旨是服务征服、推崇伦理、慎用刑罚、倡导平等。其刑法文化的价值取向为正义、秩序与教化。

Study on Criminal Culture of Manchu before It Entered Shanhai Pass

Manchu,as one of ethnic minorites,had estabished Qing dynasty which governed China for more than 200 years. Studying on its criminal culture before it entered Shanhai Pass,will conduce to reveal some causes for the miracle which ruled whole China,and go to the source of some criminal thoughts and criminal systems of Qing dynasty. Manchu＇s legal form changed from customary law to statute law during this time. The backbone of its criminal culture is serving for conquest,exalting moral thought,using penalty carefully,advocating equality. Value orientation of its criminal culture is justice,order,and enlightenment.