中国古代法律中生命价值的双重性解析

Analysis on the Dual Nature of Bioethics in Ancient Chinese Laws

人命至重是古代对个体生命价值的观念表达。从古代法律规范来看,生命价值在法律中处于渐重的状态,刑法不断加重对个体生命的保护,收紧对死刑的适用,提高位卑者的生命价值。生命价值呈现出相对平等性色彩,但家、国利益都成为消解生命价值的因素,生命价值因此呈现出双重性。其原因在于,个体生命具有自然性与社会性双重构造。不过从整体来看,生命价值在法律中以等级性为基础,却以平等性为走向,这符合文明的发展趋势。

A human's life is more valuable than everything else in the world. This understanding was also demonstrated in the ancient times of China. With regards to ancient legal norms,the value of life weighted up and criminal laws increasingly safeguarded the individual life,life sentence practices scaled down and the life value of those at a lower class was enhanced. The value of life was manifested relatively equal. Both family and national interests were the main factors of diluting the value of individual life. The value of life thus displayed a dual nature in ancient laws. Thereupon,it's off the mark to position the individual life as the top value since the individual life is featured with nature and sociality. However,bioethics expanded with equality as its orientation and with the hierarchy as its foundation,in line with the trend of civilization evolution.