传统中国的复仇与法律(续)

Revenge and the Law in Traditional China

中国早期经典已强调了复仇道德、政府角色、复仇合法性以及尚未成熟的仲裁形式。唐宋时期,开始在有限的法律结构中重建复仇法律。明清时期,注意“私和”与“解救”法规的严密化。复仇与长期敌对有区别。封建社会晚期,复仇仍被视为高尚而道德的行为。

Early Chinese classics have emphasized on the phases of the moral of revenge, the role of government, the legitimation of revenge and the primitive arbitration form. In Dang and Song Dynasty, people began to reconstruct the law of revenge in the limited law frame. However, the attention was focused on the preciseness between the private settlement of homicide and the aiding of an elder relative in Ming and Qing Dynasty. There is distinction between vengeance and feud. In the late imperial society, vengeance was still considered as a behavior of great nobility and morality.