“准五服以制罪”与“法律面前人人平等”之比较

Comparison between “Conviction According to Wufu” and “Equality before the Law”

我国传统法律史上的五服制度是与传统的思想观念息息相关的。自中国步入近代以来,由于深受西方先进法律文化的影响,逐渐摈弃了传统的等级思想,宣扬人权平等,更是强调"法律面前人人平等"。文章通过对两种制度的分析和论证可以看出,在现阶段,我们应该坚持"法律面前人人平等原则",同时也应该吸收借鉴"准五服以制罪"中的精华部分,将之运用到社会主义法制建设中去,以促进社会主义法治更好地发展。

The wufu( five mourning dresses) system in the history of Chinese traditional law is closely related to the traditional concept in our country. Since China entered the modern times,due to the impact of western advanced legal culture,China has gradually abandoned the traditional hierarchy thought,promotes equality of human rights,and also stresses that 'everyone is equal before the law '. Through the analysis and demonstration of two systems,in the present stage we should adhere to the 'the principle of equality before the law',absorb and draw lessons from'conviction according to wufu',and apply it to the building of the socialist legal system so as to promote the development of the socialist rule of law.