从《大学衍义补》看丘浚的法律思想

Looking at the Legal Consciousness of Qiu Jun through《Supplement to the Exposition of the Great Learning》

明代中叶 ,明王朝统治开始由盛转衰 ,政治日益腐败。著名思想家丘浚为挽救和巩固封建统治 ,在其代表作《大学衍义补》中 ,阐述了其丰富而具有时代特征的法律思想 ,对中国传统儒家思想作了新的阐释与发挥。他强调人的私欲、物质利益在法律起源上的重要作用 ;分析了贫困犯罪、官逼民反的犯罪根源 ;肯定商业、商人作用和私人利益 ,主张尊重生命 ,反对严刑酷法 ;要求公正司法 ,“法”“人”结合 ,在中国法律思想史上占有重要地位。

In the middle period of the Ming Dynasty, when the ruling power was on the decline, Qiu Jun, a famous thinker of the time, expounded in his book of 'Supplement to the Exposition of the Great Learning' his proposition of law-and-order, which was substantial in content and characteristic of contemporary importance, and re-expounded and further developed the traditional politics of Confucianism for the salvation and consolidation of the feudalist ruling system in China. He focused on the function of man's selfish desires and material gains in the initiation of human laws, analyzed the causes of the crimes from poverty and the rebellions from tyrannical oppression of the government, acknowledged the importance of trade and tradesmen and recognized their personal interests, advocated respecting human life, objected to taking the draconian legal measures while appealing to the justice in law enforcement and upholding a combination of stern legal measures and humane discipline. His proposition of law-and-order has played an important role in the evolution of Chinese legal concept.