从情理法看我国古代判词的现代价值

Research On Modern Value Of Ancient Chinese Judgments From "human sentiment",the "axiom" and the "law"

判词是一个时代法律职业经验与智慧的缩影,它不仅反应和体现法律适用于社会的结果,也是使法律判断保持活力,克服司法腐败与堕落的重要保障,更是法律职业在社会发展中发挥作用的重要载体。由于社会发展水平不同,统治者意志各有差异,对判词的要求也不尽相同。然而,尽管形式的差异不胜枚举,但有一点却贯穿于整个古代判词的发展:情理与法意的关系处理。当然,这也是现代社会判词应该遵循的规律。

The judgment is the epitome of the experience and wisdom of the legal profession of an era.It not only reflects and embodies the result that the law is applicable to the society,but also is an important guarantee to keep the legal judgment alive and to overcome the corruption and corruption of the judicature.It is also an important carrier for the legal profession to play a role in social stability and development.Because the social development level is different,the ruler's will is different,the request to the judgment is also different.However,although there are numerous differences in form,one point runs through the development of ancient judgments: the relationship between human,theory and law.Of course,this is also the rule the modern judgment should follow.