中世纪刑法对现代西方刑法思想的人文指归

The Humanistic Reference of the Medieval Criminal Law Thoughts to Modern Western Criminal Law Theories

提起中世纪西方刑法学,"刑法文明史中的漫漫长夜","蒙昧、残酷、专制"等负面评价遮掩了其应有的光辉。其实,在陷于四分五裂的战争时期的欧洲,强调抑制原欲、注重心灵赎罪、提倡群体理性的教会刑法思想具有特殊意义的人文性与进步性。它以强大的宗教力量使得欧洲刑法观念呈现出空前整齐、划一的状态;这种历经千年积淀而成的刑法文化,维持并传承了欧洲统一的价值观念与信仰体系,对近、现代西方刑法思想的发展起着重要的提挈与引导作用。

Whenever the medieval criminal law is concerned, ＂the long darkness in the history of criminal law＇ s civilization＂, for such negative comments as ＂obscurantism, cruelty, despotism＂ have cloaked the real enlightenment of the whole medieval criminal law. However, during the war time of medieval Europe, emphasis on abstinence from desire, spiritual atonement, and advocate for mass rationality by churches had particular significance of humanity and progress on criminal law thoughts. This religious power led to unprecedentedly unified thoughts in European criminal laws. The criminal law cultures accumulating through thousands of years have maintained and been inherited in their unified values and faith by European countries, acting as guidance and support for development of modern criminal law theories in Western countries.