《周易程氏传》刑法思想研究

The research on thoughts of punishment and legislation in ChenYi's Comments on ZhouYi

刑法问题是儒家一直以来所关注的主要问题,通过对《周易程氏传》中所涉及的相关探讨的分析,可以发现程颐在承认刑法自身存在的意义与社会价值的同时,坚持了儒家一贯所秉承的“教主刑辅”的主张,并由之而引申出对刑法的实践所应当遵循的原则及彼时享有最高刑法裁决权的皇帝所应当具有的资质及责任的探讨。通过上述探讨,可以对宋代理学关于刑法的态度有所了解,并进而为更加深入的研究提供一定的视角与可能,从而得以建立对宋代理学更加清晰与全面的认识。

The question of"punishment and legislation"has been the general question of Confucianism through history,based on the analysis of the ChenYi's Comments on ZhouYi,it can be found that ChenYi admits the meaning and social value of"punishment and legislation",while he also insists the traditional point hold by Confucianism that the civilization should be first and guide the function of"punishment and legislation",and based on these he also research the principle of the"punishment and legislation"and the ability and duty that emperor,whom occupies the highest power,should have.Such investigations can clear the attitudes of such question shared by the scholars of Neo-Confucianism in Song Dynasty,and offer the view and possibility if further research,which can help to establish the clearer and more comprehensive understanding of the Neo-Confucianism in Song Dynasty.