沈家本的司法观

Shen Jiaben's Judicial Concept

沈家本无疑是中华法系走向近代化的关键人物。他整理我国历代刑制,撷取近代西方法学先进理念,终将古老中国延续千年的律法带入近代。沈家本的司法观在清末改革过程中渐趋成熟,并在新律修订中得到较为完整的呈现:其一,司法独立,司法权与行政权应相互分离;其二,法制统一,法律不应有厚薄之殊;其三,刑罚应以教化为要,刑罚轻缓、狱制文明;其四,尊重人权,废止人口买卖。

Shen Jiaben is undoubtedly a key figure who helped the Chinese legal system to be modernized by summing up the experiences from the ancient Chinese justice and learning the ad- vanced concepts of modern Western law. Shen Jiaben＇s judicial concept became maturing through the judicial reform of the late Qing Dynasty which expressed through the modification of the law. Firstly, independence of judicature, the legislative power and the executive power should be separated from each other. Secondly, unified legal system, the law should not have special thickness. Thirdly, the penalty should be based on enlightenment, mitigation of punishment, prison system should be civilized. Finally, respect for human rights, human trafficking should be abolished.