苏轼法治思想的基本精神

Basic Spirit of Su Shi’s Ruling-by-Law Thought

苏轼的法治思想归属于儒家法律思想体系,其承继孟子的进步学说较多,属儒家中比较激进的一派。苏轼的法治思想存在贯穿一致的基本精神,其基本精神可以概括为民本、礼治和轻刑三个方面。民本思想是苏轼法治思想的基石,苏轼从民本思想出发解释君民关系,讨论犯罪和法律治理问题。苏轼在礼法关系上持礼本法末论,在司法实践中倾向以礼断案,在立法问题上强调以礼为先。轻刑观也贯穿苏轼的法治思想,包括了法网宜疏、慎刑恤囚、减少重刑等内容。

SU Shi’s Ruling-by-Law Thought belonged to Confucianism and it originated from progressive Thought of Mencius,which was the radical faction in Confucianism.There was the consistent basic spirit in Su Shi’s Ruling-by-Law Thought:peopleorientation,rule by rites and light punishment.People-oriented thinking was the basis of Su Shi’s Ruling-by-Law Thought.By using this concept,Su Shi explained the relationship between the monarch and civilians,then discussed the crime and the problem of ruling.Su Shi considered that the rites were primary and Law was the supplement,so he payed attention to rites in legislation and judge.Su Shi’s thought of light punishment included loose criminal net,discreet penalty,treating prisoner mercifully and limiting the heavy punishment.