明人吕坤《刑戒》一书及其对清代的影响

Lv Kun's Discipline of Inquisition by Torture in Ming Dynasty and its Impact on the Qing Dynasty

《刑戒》一书是明代吕坤根据自己多年的司法行政经验,在任刑部侍郎时写的。此书本自儒家仁爱思想反对滥刑、酷刑,自行世以来就被明清官员,特别是州县地方官员奉为刑讯的圭臬。历代反对滥刑、酷刑的思想家、佛界人士、官员都极为推崇,成为明清以降,特别是清朝州县地方官处理司法诉讼、刑讯的指导,影响极其深远。《刑戒》一书内容具体而具可行性,是研究清朝法律制度的第一手资料。

The book,Discipline of Inquisition by Torture,was written by Lv Kun in Ming Dynasty based on his years of justice experience in the position of empire＇s deputy minister of criminal department and his interpretation of Confucian,his opposition against indiscriminate punishment and torture abuse.This book had been regarded as a justice officials＇ standard in the Ming and Qing Dynasties and widely accepted by local officials,politicians,even Buddhist circles.It had been extremely respected,with extremely far-reaching impact especially in the Qing Dynasty.The content was specific and feasible,and served as the firsthand documents for the study of the Qing legal system.