简析存留养亲制度的现代借鉴意义

A Brief Analysis of the Modern Reference Significance of the System of Surviving and Supporting Aged Parents

存留养亲是我国古代社会产生的一种既有利于国家稳定又能促进社会生产的刑罚制度。儒家思想对古代法制的持续影响是存留养亲制度产生的重要条件,同时自然经济的影响和统治者实行仁政的需求为存留养亲制度的发展提供了坚实基础。虽然存留养亲制度具有鲜明的封建主义色彩,但是其中的部分内容对当下我国法治建设仍具有借鉴意义。当前在我国的法律体系中重构存留养亲制度已失去理论和现实根基,但是可以通过完善缓刑制度、保障罪犯的劳动报酬权、完善非监禁刑罚执行体系等方式,实现存留养亲制度的现代适用。

Surviving and supporting aged parents was a punishment system that emerged in ancient Chinese society,which was beneficial to national stability and promoted social production.The continuous influence of Confucianism on ancient legal systems was an important condition for the emergence of the system of preserving and nurturing aged parents.At the same time,the influence of natural economy and the need for rulers to implement benevolent governance provided a solid foundation for the development of the system of surviving and supporting aged parents.Although the system of surviving and supporting aged parents has a distinct feudal color,some of its contents still have reference significance for the current construction of the rule of law in China.The reconstruction of the system of surviving and supporting aged parents in China’s legal system has lost its theoretical and practical foundation.However,the modern application of the system can be achieved through improving the probation system,protecting the labor remuneration rights of criminals,and improving the non custodial penalty execution system.