《唐律疏议》有关自首制度与现行刑法的比较

Comparison between the voluntary-surrender system in Interpretation on the Law of Tang Dynasty on the modern criminal laws

《唐律疏议》规定的自首制度堪称中国古代制度的典范。从自首的前题条件形式条件、接受机关、实质条件及例外规定等方面对唐律的自首制度与现行刑法进行了比较。唐律的自首制度体现出偏重犯罪人主观态度,忽略犯罪后果的倾向,突显了儒家德本刑用的思想。我国现行刑法有体系化的自首制度,适用更为严格,表明现代法律对客观、公正价值的追求。

The voluntary-surrender system by the book Interpretation on the Law of Tang Dynasty is regarded as the model of ancient China＇ s systems. According to the system, the subjective attitudes of criminals are considered more than the consequences of their wrong doings. This embodies the idea of Confucianism that moral education is important than legal punishment. In today＇s China, there are systematic voluntary-surrender regulations , which are applicable in a much stricter way. This reflects the spirit of modem laws to pursue objectiveness and fairness.