中国古代慎刑矜恤思想及其实践

Chinese Ancient Cautious Punishment Idea and Practice of Pity

慎刑矜恤思想发轫于西周的"明德慎罚"思想,发展于春秋战国,其在汉代又受儒家思想与阴阳学的影响开始系统化为"德主刑辅",延至盛唐开始成熟发展为"德礼为政教之本,刑罚为政教之用"。此后宋元明清各代皆于秉承并在前人基础上各有建树。本文通过对中国古代慎刑矜恤思想的总结探析其现代价值。

The cautious punishment idea is originated from the Western Zhou Dynasty culture matilda and cautious punishment thought, developed in the Spring and Autumn and Warring States Period, the Han Dynasty is influenced by the Confucianism and the theory of yin and yang to start into a system of＆quot;supplementing＆quot;, until the Tang Dynasty begins to mature development of＆quot;De Li for the Church of the penalty for political purposes＆quot;. Since the Song Yuan Ming and Qing Dynasties are all to uphold and on the basis of the previous the achievements. This paper summarizes the chinese cautious punishment of ancient culture thought and explores modern value.