读《九朝律考·汉律考·春秋决狱考》引发的思考

On Thughts from″Jiuchaolukao·Hanlukao·chunqiujueyukao″

在汉代,除依法律法令断狱之外,还直接引用《春秋》这部书的内容作为判决案件的根据,这就叫“春秋决狱”。由案例可知,“春秋决狱”有不足之处,但也有积极意义。它使很多犯罪行为受到了适量的宽宥,而且它在定罪时考虑到行为人的主观心理这一点也应肯定。

In Han Dynasty,the contents of CHUN QIU were quoted directly as reasons of conclusion of a syllogism except for the laws and decrees.That was called″Deciding Cases Under the Chun Qiu″.Many jurisprudents of past dynasties took a poor view of″Deciding Cases Under the Cnun Qiu″.The author indicates the defect of it with the help of cases,but she also thinks it has some values.Through″Deciding Cases Under the Chun Qiu″many criminals were dealt with leniently.And it was also praised that the litigant?s subjective mind was noticed when a decision was made.