晁迥慎刑思想探析

Simple Study of Discreet Penalty Thought of Chao Jong

晁迥的慎刑思想集中体现在其著作《劝慎刑文》(并序)和《慎刑箴》中。人生命之可贵,设刑的原因、目的,刑之不可更改,这些都决定了司法官员要做到慎刑。要做到慎刑,司法官员要具备良好的品德,向贤人学习,重视国家的恤刑之诏。

Chaojiong's thought of using punishments with discretion is reflected by his two articles,one is An Essay on Punishment with Discretion in which a Foreword is included,the other is Maxim on Using Punishment with Discretion.As a judicial officer,he should practise using punishments with discretion for the following reasons such as the praise worthy of Man's life,the reason and the purpose of the formulation of punishments,no modification of punishments.A judicial officer should have good virtues,learn from the wise men and pay attention to the Emperor's Rescrips of using punishment with discretion