《礼记·王制》刑罚制度诸层面

The Different Levels of the Penal System in“the Regal System”of the Book of Rites

《礼记·王制》内容丰富,包括爵禄制度、封国制度、职官制度等多个方面,其中有关刑罚制度的内容在《王制》全篇中较为集中,且内涵丰富,涉及到断狱和行刑的原则、具体职官的工作分配以及各种强制性的要求,体现出了国家法的意识、礼刑并用、以礼为本的思想以及民主公平思想。另外这一部分内容与今本《孔子家语·刑政》多有重合,具有一定的特殊性,二者不存在互相抄袭的情况,只是二者所本大致相同,因此其内容也大致相同。

“The Regal System” of the Book of Rites has rich contents, including the system of rank and salary, the system of enfeoffment, the official system. The penal system is especially concentrated in “the Regal System”,rich in connotation, involving the principle of lawsuit and execution, the work distri-bution of the specific officials, as well as a variety of mandatory requirements, reflecting the consciousness of national law, the combination of ritual and punishment, ritual -based thought, and democratic justice thought. There are some overlapping between this part and “the Penal System” of the Analects of Confucius and His Disciples, but plagiary doesn’ t exist for their particularity.