秦刑法思想初探——秦汉刑法思想研究之一

A Tentative Study on Qin′s Thought of Penalty and Law--The First Step of Qin-Han′s Thought about Penalty and Law Studying

“刑法思想”是沿用班固《汉书·刑法志》的说法。商鞅变法后秦刑法思想的要点 :一、刑法为治国之本 ,二、以刑去刑 ,三、刑无等级 ,四、慎法制 ,五、观俗立法 ,六、不以私害法。统一后的秦刑法思想 ,曾一度向“缓刑罚”方面变化 ,但总的趋势却是向极端化、绝对化的演变。

The thought of penalty and law' derives from 'The Treaties on Penal Law' in Han Shu . After Shang Yang′s reform, the thought in the Qin Kingdom showed the following main points:Penal law is the basis of the administration of a country; the law should be treated with caution; the law should not be bent to serve one′s private purposes, etc. The thought of penalty and law in the Qin Dynasty once had the tendency of mitigative punishment, but its general trend was to evolve to the extremes.