中国古代法律伦理量刑制度的历史演进

The Historical Evolution of the Sentencing System of Ancient Chinese Legal Ethics

中国古代社会是以宗法伦理为基础的社会,也即伦理与法律相互融合的社会。因此形成了中国古代法是以伦理为基本特征的伦理法。也正因为此,在刑法方面形成了别具特色的量刑制度——伦理量刑。这一制度自从夏商产生以后,经周公制礼、春秋决狱不断发展演进,到唐朝时《唐律疏议》的诞生,标志着伦理量刑制度的成熟定型,后世一直传承直至清末变法修律,延续上下几千年而富有内涵。

The ancient society of China was based on the ethic of patriarchal law and it was a society that integrated ethics and law. Therefore,the Chinese ancient law is an ethical law based on ethics. Because of this,the criminal law has formed a special sentencing system——ethical sentencing. Since the beginning of the Xia-Shang Dynasty,the system has been evolving with the continuous development after the social institution by Duke Zhou and the Spring and Autumn case-break. The birth of the Tang Code in the Tang dynasty marked the maturity of the ethical sentencing. The later generations inherited the law of the late Qing Dynasty,which lasted for thousands of years. Today,we discuss this purpose as a modern reference for China＇s legal construction and provide theoretical basis and experience for the realization of the Chinese dream.