儒家“孝治”对“血亲复仇”的扬抑

On Confucian Filial Piety's Development and Repression of Blood Revenge

中国传统社会以儒家伦理作为评判是非曲直的标准,统治者也极力推行儒家理论的“孝”观念,对维护和保护家族利益而侵犯他人的违法行为予以宽宥,以彰显统治者的仁政。血亲复仇作为道德伦理的义务,体现了人的自然本性,受到了儒家孝观念的吹捧,但是血亲复仇本身就是一种仇杀。历代统治者对此采取不同的态度,意图将血亲复仇限制在法律允许的范围内,也体现了中华法系所带有的浓厚的伦理特征。

Confucian ethics was the criteria judging the right from the wrong in China and rulers advocated the filial piety and often forgave violations of law that were done out of safeguarding the interests of the clan, so as to show the benevolence of the rulers. Blood revenge, as a kind of obligation of moral ethics, embodied human nature and was advocated by Confucian ideology. But meanwhile, as a kind of revenge, rulers in ancient China took different attitudes towards it. Some intended to put it under a certain limit of law. It embodied strong ethic features of Chinese legal system.