季汉法制蠡测

Observations of Jihan Legal System

季汉将德主刑辅理念置于立法指导思想之首。季汉法制是中华法系法律儒家化进程的一部分。身处兵戈扰攘的战争时代、坐困固守必亡的地理单元,季汉作为以匡扶汉室为政治背书的客籍政权,需以对外侵略与对内威服为立法目的,这迫使其吸收三晋法家的农战论与重刑观、管仲的官山海思想及桑弘羊的重商主义。季汉形成一套独特的战时法律体系,令整个国家机器为战争服务。在合理的法制配置下,季汉经济未严重失调,社会矛盾维持在可控状态。

Jihan put the concept of primary virtue and accessory punishment on the top of the legislative guiding ideology. The legal system of Jihan is a part of the process of Confucianism of Chinese legal system. In the chaotic war era and with unique geographical situation that is doomed to perish if only in defense, as an external regime that took the revival of Han Dynasty as a political endorsement, Jihan needed to take external aggression and internal deterrence as its legislative purpose, which forced it to absorb the Sanjin legalists’ agricultural war theory and doctrine of severe punishment, Guan Zhong’s Guan Shan Hai thought and Sang Hongyang’s mercantilism. Jihan formed a unique wartime legal system, and made the whole state machine serve the war.Under the reasonable legal system configuration, the economy was not seriously out of order and the social contradictions remained under control.