中国古代判词的法学与文学价值

制作好判词是中国古代为官执政司法的一个重要内容。中国古代的判词发展,不但与古代社会的政治、经济和文化发展、朝代更替有着密切的关系,而且还与中国古代法律儒家化的进程有着密切的联系。判词要进行规范评价、旁征博引,就有一个引经据典的叙事说理过程,从而使判词具有强大的穿透力和不可违拗的说服力。古代判词的价值评价往往通过文情并茂的文学表现形式加以展现出来。对古代优秀判词加以批判地继承和转化,从而将今天的裁判文书写得更加完美,也会有利于今天的法治文化建设。

Value of Jurisprudence and Literature in Chinese Ancient Judgments

It is an essential duty for judicial officials in ancient China to make proper judgments, since the development of judgments not only has close relations with political, economic and cultural development, as well as evolvement of dynasties in ancient society; but also closely connected with the process of confu- cionization of law in ancient China. Judgments should be reached by normative evaluation, based on ample reference and involved in a reasoning process supported by authoritative statements and materials, so that judgments can be persuasive being penetrating and authoritative beyond doubts. The value assessment of ancient judgments is always demonstrated in the form of vivid literature. Therefore, the critical inheritance and transformation of ancient excellent judgments can help perfect the making of judgments nowadays and benefit the cultural construction of ruling of law at modern times.