“引经决狱”与儒法法律文化的融通

Legal Culture of Confucianism and Legalism & Its Reflection in Policy of “Legal Judgments by Reference to Classics”

两汉时期的引经决狱体现了儒法两种法律文化双向互动的关系。董仲舒在推动儒学成为官方意识形态的过程中,对现实政治以及当时通行的法家文化作了让步,对儒家进行了一定程度的法家化解释,这种法家化解释在具体的引经决狱实践中也多有体现。同时,儒家又坚持了其核心价值,并在既有的法律体系中灌注了慎刑等人文情怀以及亲亲尊尊等宗法原则,开启了法律儒家化的历程,使西汉以来的法律体系具有了厚重的文化底蕴,重新实现了法律体系与民族核心价值观的有机融通。

Prevalent policy of ＂legal judgments by reference to classics＂ in Han Dynasty reflected the interactive relationship between Confucianism and Legalism. In process of promoting Confucianism to become the official ideology of Han Dynasty, Dong Zhongshu made concessions to the political reality and the prevailing culture of Legalism at that time, and he interpreted Confucianism from the perspective of legalists to some extent, which was refleeted in the practice of policy of ＂legal judgments by reference to classics＂. At the same time, Confucian also adhered to its core values, and instilled humanities such as prudent penalty and patriarchal principles into the existing legal systems. It started the legalistic course of Confucianism and provided the legal systems of Han Dynasty with massive culture traditions, which re -implemented the effective interaction between legal system and national core values of China.