试论儒家礼刑观对西夏刑事法律制度的影响

On the Influence of Confucian Concept of Rites and Punishments on the Criminal Legal System of the Western Xia Dynasty

作为中华法系在中古时期的典型代表,西夏法律不可避免地受到儒家思想的影响。西夏刑事法律制度借鉴了儒家“德礼为刑罚之本、刑罚为政教之用”的礼刑观,在罪名设置上严惩“十恶”及其他有损伦理纲常的犯罪,并通过限定亲属犯罪来维护家族伦理关系。在刑罚的适用上,强调“明德、慎刑”试图通过恰当的教化使民众服从;在处理统治阶级内部关系上,亦遵循儒家一贯的“士庶有别”的等级观念制定特权法。西夏法律制度在其漫长的发展中,吸收借鉴以“礼”为核心的法律文化与自身法律文化相融合,从而成为中国法制史上一颗璀璨的明珠。

As a typical representative of the Chinese legal system in the Middle Ages,Western Xia law was inevitably influenced by Confucianism.The criminal legal system of the Western Xia Dynasty drew inspiration from the Confucian concept of“morality and propriety are the foundation of punishment,and punishment is used for politics and education”.In terms of charges,the“Ten Evils”and other crimes that undermine ethical norms were severely punished,and family ethical relationships were maintained by limiting relative’crimes.In terms of the application of punishment,emphasis is placed on“being virtuous and cautious in punishment”,attempting to make the public obey through appropriate education;in dealing with the internal relations of the ruling class,the privilege law is also formulated in accordance with the Confucian hierarchical concept of“distinction between scholars and commoners”.In its long development,the Western Xia legal system absorbed the legal culture with“ceremony”as the core and integrated with its own legal culture,thus becoming a bright pearl in the history of Chinese legal system.