三教融通视野下的宋代节庆与停刑

Festival and Moratorium on the Death Penalty in Song Dynasty from the Perspective of the Integration of Three Religions

宋代节庆停刑惯例可分为圣节停刑、庆节停刑和其他期日停刑三种类型,并体现在停止死刑奏报、复核及行刑等死刑执行诸环节。唐宋之际逐渐形成的圣节(君主诞日)停刑惯例,反映了中国古代赏刑并举的辩证思维模式和社会治理理念。圣节停刑实质上是以庆赏之名,限制和压缩刑罚适用空间,在传统明德慎罚思想框架内,通过“辍刑”这一标签化行为方式,强化朝廷恩典与慎用死刑之间的直接对应关系。宋代庆节停刑惯例的设立以及纂入立法,主要是释、道二教悲悯好生理念的体现,尤其是宋代道教理念渗入法律执行层面之表彰。伴随道教对于法律的影响日渐深入,经由国家宣示、皇权庇佑和宗教加持,以庆节之名产生的停刑举措,逐渐成为证成宋代盛世文明的重要依凭。除圣节、庆节以外,宋《天圣令》对唐《狱官令》原有的停刑期日进行了调整,在保留元正、寒食、冬至、立春、立夏、雨雪未晴的基础上,新增太岁、三元、大祠、国忌等,皆停刑一日。节庆停刑惯例中礼乐与法制之融合与照应,乃至释道二教悲悯慎刑理念之渗入,反映出宋代礼法合治、赏刑并举、三教融通的治国理念。

The practice of moratorium on death penalty due to the celebration of festivals and other important days in the Song Dynasty can be divided into three types:moratorium on the death penalty during Sheng圣(Divine)Festivals,moratorium during Qing庆(Celebratory)Festivals and moratorium during other days.This practice was reflected in various aspects of the execution of the death penalty,such as the suspension of the announcement,review,and execution of death sentences.The practice of moratorium on the death penalty at Sheng Festivals(for example the birthday of the emperor)gradually formed in the Tang and Song dynasties reflected the dialectical thinking mode and the philosophy of social governance in ancient China.In essence,in the name of celebration and reward,the moratorium on the death penalty at Sheng Festivals limited and compressed the applicable space of penalty.Influenced by the thought of virtuous and prudent punishment,the practice strengthened the direct correspondence between divine grace and cautious use of death penalty through the label behavior of“suspension of death penalty”.Within the framework of the traditional concept of Mingde shenfa明德慎罚(enlightened virtue and cautious punishment),the suspension of capital punishment through the act of Chuoxing辍刑(suspension of punishment)reinforced the direct correspondence between imperial grace and the careful use of the death penalty.The establishment and inclusion of the practice of suspending capital punishment during celebratory festivals in the Song Dynasty's legislation mainly reflected the benevolent and life-affirming ideas of the Taoist and Buddhist religions,especially the infiltration of Taoist ideas into the execution of the law.With the increasing influence of Taoism on the law,through the state's proclamation,imperial protection,and religious blessing,the suspension of capital punishment during celebratory festivals gradually became an important proof of the prosperous civilization of the Song Dynasty.In addition to Sheng Festivals and Qing Festivals,the Song Dynasty's Tiansheng Ling天圣令(Statues formulated in the Tiansheng Reign)adjusted the original days of suspended capital punishment in the Tang Dynasty's Yuguan Ling狱官令(Prison Officers Order).On the basis of retaining Yuanzheng元正(New Year's Day),Hanshi寒食(Cold Food Festival),Dongzhi冬至(Winter Solstice),Lichun立春(Beginning of Spring),Lixia立夏(Beginning of Summer),and Yuxue weiqing雨雪未晴(rainy and snowy days),it added Taisui太岁(the Great Duke Jupiter Day),Sanyuan三元(the 15th day of January,July and October on the lunar calendar),Daci大祠(State Sacrifice Day),and Guoji国忌(Anniversary of the Emperor or the Empress's Death),due to which the death penalties were all suspended for one day.The integration and coordination of ritual,music,and law in the practice of suspending capital punishment during festivals,as well as the infiltration of the compassionate and cautious punishment ideas of Taoism and Buddhism,reflected the governing concept practiced in the Song Dynasty of combining ritual and law,punishment and reward,and the integration of the three religions of Confucianism,Buddhism,and Taoism.