阴阳五行学说对古代中国刑法的影响浅谈

Comment on the Influence of the Theory of Yin-Yang on Ancient Chinese Criminal Law

阴阳五行学说作为古代中国的哲学,不仅成为中医学的理论基础,而且影响着古代中国的刑法的立法、司法及法律意识等各个方面。在现代法治社会中,应该借鉴和吸收其合理的成分,如整体观、辩证法以及人与自然、社会、环境之间的动态平衡等。

As Chinese traditional philosophy, the theory of Yin and Yang as well as Five Elements not only played the role of the basic theory of traditional Chinese medicine, but also affected all aspects of ancient criminal law, taking legislation, judicial system and legal consciousness as examples. In the modern society, the theory ＇s essence should be absorbed such as the concept of considering the organism as a whole, dialectics, and the dynastic balance between man, science, and society.