南宋儒家化法官的法治理念与司法实践——以理学家胡颖为例

The Law Understanding and the Judicative Practice of the Confucian Judge in the Sourthern Song Dynasty.——The Case of Confucian Hu Ying

胡颖是南宋后期的一位颇具代表性的儒家化法官,由于他既饱读经书又通晓法律,所以在他的司法审判中,突出表现出人情与法意并重,教化与刑罚并用的传统法治理念。但在南宋错综复杂的社会现实面前,却有展现出求真务实的时代精神。

Hu Ying is one of the confucian judges in the later Southern Song Dynasty. He knew well of Chinese writings and law. So in his court verdicts, there was a traditional law understanding - the passion and the law were all important, education and penalty should be used at the same time. But in the complicated reality of the Southern Song Dynasty, he also developed the mordern spirit of seeking the genuine