海瑞法律观评析

On Law View of Hai Rui

海瑞作为中国古代清官的代表,素有"南包公"之称。其坚持维护法律威严、秉公执法的精神一直为后人所称道。同时,作为在中国古代传统教育下成长起来的的士大夫,海瑞对于中国传统的"礼"也有着十分深刻的理解,在其司法实践中也有着充分的贯彻。但是,中国古代礼与法的结合并非完美无缺,海瑞的法律思想中既有对法的维护,也有对礼的遵循,这样不打折扣的执行,礼法之间的缝隙或者矛盾便造成了海瑞法律思想与实践中的困惑。

As a representative of the ancient Chinese clean government,Hai Rui is known as ＂ South Bao＂. His insistence on upholding the law to enforce the law spirit has been praised for future generations. Meanwhile,as a scholar grown in the traditional education of ancient Chinese,Hai Rui＇s traditional Chinese ＂ gift＂ also has a very deep understanding in its judicial practice,it also has a fully implemented. However,with China＇s ancient rites and the law is not perfect,Hai Rui＇s legal thought is in both the maintenance of law,but also in the following of the ceremony. The compromise and contradiction between execution of etiquette will cause the confusion to Hai Rui＇s legal thought and practice.