论中国古代疑罪处理的中道思想

On the doctrine of the mean of dealing with suspected crimes in ancient China

中道思想是中国古代处理疑罪案件的重要思想,具体体现为无罪推定观、慎杀观和罪疑惟轻观。无罪推定观以“明德”为前提,以教化民众为目的,要求查明案件事实之前不能认定被告人有罪;慎杀观以人为本,包括“议狱缓死”的谨慎思想和“宥过无大”的仁恕思想;罪疑惟轻观是无罪推定思想和慎杀好生思想的融通,宽仁与刑威并存,务求中道。正确认识中国古代疑罪处理的中道思想,传承古代优秀的刑事司法观念,对于当代法律制度的完善具有借鉴意义。

The doctrine of the mean is an important thought in dealing with suspected crimes in ancient China,which is embodied in the concept of presumption of innocence,the concept of careful capital punishment and the view of low-grade punishment in the doubtful case.The concept of presumption of innocence is based on the premise of“virtue”with the purpose of educating the public,and requires that the defendant should not be found guilty before finding out the facts of the case;the concept of careful capital punishment should be people-oriented,including the thought of“suspension of death sentence based on the measurement of penalty”and the thought of“forgiveness”.The the view of low-grade punishment in the doubtful case is the combination of the presumption of innocence and the thought of careful capital punishment,leniency and penal power coexist in it and seeks the thought of doctrine of the mean.A correct understanding of the thought of doctrine of the means in dealing with suspected crimes in ancient China and inheriting the excellent concept of criminal justice in ancient times is of referent significance for the improvement of the contemporary legal system.