论名公刘克庄与南宋司法文化

On Liu Kezhuang and Judicial Culture in Southern Song Dynasty

宋代法学作为中国古代法学的成熟甚至高峰期,不仅朝廷对官员明法通经极为重视,且民间还出现了以《名公书判清明集》为代表的据实作判的书判汇编,作为珍贵的文献资料为了解南宋中后期的司法状况与社会风气提供了研究资源。刘克庄作为当时颇具名望的文坛领袖以及曾任职多地的能吏和廉吏,具备深厚的法律实践经验和儒家传统的民本精神。其相关司法活动表现出保障法意与人情相统一,惩恶护民与抑强扶弱相结合,维护和睦与保家息讼兼顾等原则,不仅是南宋时期优秀官员综合素质的集中反映,亦是中国传统法文化中的精华体现,其中的可贵之处对今日法治文明的建设依然可资借鉴。

The Song dynasty law reached its maturity and summit in the ancient Chinese law history where theroyal court attached great importance to the cultivation of the officials’ legal knowledge, thereby there ap-pearing the collections of lawsuit cases represented by Ming Gong Shu Pan Qing Ming Ji （Selected works oflawsuit cases by eminent officials）, a valuable document providing research resources for the understandingof the judicial climate and social atmosphere in the late Southern Song dynasty. Liu Kezhuang, a prestigiousliterary leader as well an outstanding official of his time, boasted deep legal practice and Confucian thoughtof the people. His related judicial activities show the principles of unifying the law and humanity, punishingthe evil and helping the weak and maintaining the harmony of the family and putting an end to the lawsuit.He not only epitomizes the overall qualities of an outstanding official in the Southern Song dynasty, but alsoreflects the essence of traditional Chinese legal culture, the beauty of which is still of reference to the con-struction of the rule of law civilization today.