“慎刑时代”中的“重法”——宋代惩治“盗贼”的立法研究

“Heavy Law” in the Era of Discreet Penalty: A Legislative Study on Penalty for Theft in Song Dynasty

北宋立国之初,将"慎刑"确立为立法的指导思想,并在"慎刑"思想的指导下,建立了一套系统完整、行之有效的司法机制,以确保司法的公正,可以说宋代是中国古代一个较为"慎刑"的时代。论述了惩治"盗贼"立法发展过程,探析了宋代"慎行时代"出现"重法"治"盗贼"的原因以及所取得效果。

At the beginning of the Northern Song Dynasty, a complete and effective system of judicial mechanism was set up in order to ensure the judicial justice, with discreet penalty as the guiding ideology of legislation. Northern Song Dynasty was an era of discreet penalty in Chinese history. Based on the development of the legislation for theft, the reasons for “heavy law” in governing theft in Song Dynasty and its effects are analyzed.