中国古代刑法与佛道教——以唐宋明清律典为例

中国古代统治者惯用刑法来规范与佛道教有关的一些问题。唐律、宋刑统、明律和清律中多处涉及确定僧道的法律地位、禁止擅自充任僧道、保护佛道神像、打击诬告僧道和诬告僧道行奸的行为等 ,但实际生活中仍有大量僧道犯罪 ,其中包含谋杀、行奸、抢劫、诬告等。与其他古代东方国家相比较 ,中国古代刑法中宗教方面内容有自己的特点 ,主要与我国古代宗教。

It had been a habitual practice of the rulers in ancient China to use the criminal law to regulate matters relating to Buddhism and Daoism. The Law Codes of the Tang Dynasty, the Unified Penal Code of the Song Dynasty, the Law Codes of the Great Ming Dynasty and the Law Codes of the Great Qing Dynasty all contained provisions on such matters as the legal status of Buddhist or Daoist clergies, the prohibition on assuming positions of Buddhist or Daoist clergies without authorization, protection of statues of Buddha or Daoist deities, prohibition on lodging false charges against Buddhist or Daoist clergies, etc. In real life, however, there were many crimes committed by Buddhist or Daoist clergies, such as murder, rape, robbery, lodging false charges against others, etc. Compared with other Asian countries in ancient time, the criminal provisions relating to religious matters in ancient China had their own characteristics, which were related to the religious and political conditions of the time.