略论西汉法律中的德主刑辅原则

On the Principle of Moral First and Law Second in the Law of Western Han Dynasty

"德主刑辅"是统治阶级为了长治久安,实行的一种慎刑原则,它源于古代德、法并用的治国理念。西汉时期,董仲舒在继承前人思想成果、总结历史经验教训的基础上将它上升到治国方略。此方略通过赦宥老、幼、妇、残的刑法原则,及"春秋决狱"的司法审判原则,在西汉法律中得到了很好的贯彻。"德主刑辅"原则在西汉形成之后不仅对当时的社会产生了一定的影响,而且被其以后封建统治者奉为治国圭臬而加以继承。

The principle of moral first and law second, originated from the concept of ruling country by both law and country, is employed by emperors to achieve a lasting political stability. In Western Han Dynasty put forward this concept based on the experiences and achievements of predecessors. It was regarded as a strategy by employing the principle of remitting the old, the young, the disabled and women who committed crime. This principle and the principle of verdicting by Chunqiu were widely used in the law of Western Han Dynasty. It exerted great influence upon the society and was accepted as a criterion by many emperors.