中国古代礼法思想对刑律和监狱管理的影响

Study of the Impact of Chinese Ancient Decorums Thought on the Criminal Law and Prison Management

《周礼》造就了中华自古为礼仪之邦的美誉,"礼"不仅是古时帝王延续和传承统治的要求,也是治国和教化人民、培养民风习俗的基本手段。"礼"的思想指导刑律的制定,礼代刑律、礼入刑律后,产生了"礼法思想;"忠孝、仁义、尊卑,是礼法思想的主要精髓,汉唐文明,是礼法思想的一个主要传承和发展时期。其时的刑法政策和监狱管理,具有浓厚的"礼法"特色,明刑耻之、春秋决狱、无子听妻入狱、赎金刑的运用等,无不体现出"礼"的色彩,并对后世的监狱管理和刑法政策产生了深远的影响。

Zhou Rites has helped China to have earned the good reputation as the nation of the etiquette from the very early days.Decorums is not only the demand of the ancient emperors to continue and succeed their governance,but also the basic method to rule the country,civilizes the people and forms the custom.Decorums helped to draw up the criminal law,and when decorums had substituted and penetrated the criminal law,the decorums thought came into being,whose core were filial piety,righteousness,hierarchy.Han and Tang dynasties were the main periods in which decorums thought was inherited and developed when the policy of criminal law and prison management both took on its characteristics.The adoption of shame punishment,The Spring and Autumn Annals in the conviction,permission of the meeting between the couples before the death penalty and fine punishment all reflected the decorums thought,which has also had a profound impact on the criminal law and the prison management in the later days.