苏轼案例、判例中的法理探讨

On the Jurisprudence Demonstrated in Cases and Legal Precedents Handled by Su Shi

案例、判例是实践中的法律和法理,也是司法经验的总结与司法智慧的体现。苏轼是一个在诗词赋散文、书法绘画等文学艺术领域中的全才,也是一个法学家。他在为官期间,先后办理了一些司法案件,也留下了一些判例,体现了不一样的法理,走完从文本中的法、到心中的法再到行动中的法的过程。不是作为知识形态的法理,更多的是社会转型时期实践性的法理。既体现了执法者的积极能动性,也体现了在民本、仁政思想和礼法融合基础上的法理,有的融天理、国法与人情于一体,具有丰富性和独特性的特点,与北宋社会转型时期的国家治理与社会治理密切相关,在中国古代司法史上作出了不可忽视的贡献,至今仍有借鉴意义。

Cases and legal precedents are the law and jurisprudence in practice,as well as the summary of judicial experience and the embodiment of judicial wisdom.Su Shi was an all-rounder in the field of literary arts such as poetry and prose,calligraphy and painting,as well as a jurist.During his tenure as an official,he successively handled a number of judicial cases and left behind some legal precedents,embodying a different jurisprudence which is from the law in the text,to the law in the heart and then to the law in action.The jurisprudence is not as the knowledge form,but more practical one in a period of social transformation.Those cases and legal precedents embody both the positive initiative of the law enforcers and the jurisprudence based on the people-oriented thought,the idea of benevolent government and the integration of rites and laws.Some of them integrate heavenly justice,national law and human feelings,and are characterized by richness and uniqueness,which are closely related to the state and social governance during the period of social transformation in the Northern Song Dynasty.Su Shi has made a contribution that cannot be ignored in the history of justice in ancient China and those cases and legal precedents are still of relevance today.