中华传统行刑文化论纲

The Outline of Chinese Traditional Execution Culture

中华传统行刑文化是中华传统法律文化的重要组成部分,许多方面表现了中华民族的先进性,蕴含了许多合理因素。包括德主刑辅,宽猛相济的行刑理念;恤刑悯囚的人本传统;法、理、情相统一的行刑策略;引礼入法等。社会主义法治建设应继承和发扬传统行刑文化中的合理成分,树立科学行刑理念,实现和谐行刑。

Chinese traditional execution culture is an important part of Chinese traditional law culture, showing advanced ideas of the Chinese nation in many aspects ： rational factors among them, such as encouraging to show mercy to prisoners, the thoughts of primary virtue and accessory punishment; combining strength with grace; the unification of the policy of the law, the principle, and the sentiment ; introducing Confucianism into laws and so on. This paper points out that it is reasonable to inherit and develop traditional reasonableness in the culture, scientifically set up ideas of modem execution, in order to conduct a harmonious modem execution.