中国古代判词的伦理化倾向及其可能的效用

The Ethical Orientation of Ancient Court Verdict and Its Possible Effectiveness

判词是古代司法官员审理案件的具结文书。中国古代判词融情、理、法于一体,运用情感和道德的说理艺术,具有明显的伦理化色彩,但其注重寻求个案的实质正义和宣教意义,不失为中国传统法律文化中的一份值得珍惜的遗产。重新认识和评价古代判词的内在精神实质及其效用,有利于革除我国现行司法判决文书刻板化、程式化的弊端,推动司法文化的改革和进歩。

Court verdict is the judgment verdict for the law cases of the ancient Chinese legislative officials. Feelings, truth and law are well integrated in ancient Chinese court verdicts. Persuasive arts on feelings and morality was used in them and led to their ethical colors. But they focused on real justice and publicity and educational meaning, so they were a precious legacy of Chinese traditional legal culture after all. A new awareness and evaluation of the inner spiritual essence and effectiveness of ancient verdiets is meaningful to advance the reformation of Chinese contemporary legislative writing and humanistic legal movement.