略论西汉控制犯罪的理论对策

Preliminary Discussion on the Theoretical Policy for Controlling Crimes in Xi-Han Dynasty

西汉时期在预防为主、标本兼治、整体布局、综合为治的思想指导下 ,建立了一套上自中央下到地方组织严密、运转灵活的控制犯罪体系 ,并且综合运用多种手段 ,将怀柔感化与暴力镇压、罪前预防与罪后惩治紧密结合起来 ,奠定了中国古代控制犯罪的基本模式。这一理论对策不仅与德主刑辅、明刑弼教的传统思想观念相统一 ,而且与我国特定的宗法伦理的社会结构及“大一统”的集权政治体制相适应。它不仅为西汉王朝的长治久安起了积极的推动作用 。

In Xi Han Dynasty,a set of closely organized and flexibly operated system of controlling crimes was established from the central government to the localities under the direction of the ideas that prevention is the main task,both the fundamental solution and a temporary expedient shall be adopted,the whole arrangement be made,and comprehensive measures be taken.Means of variety were comprehensively used to closely combine conciliation and confusion,and violent suppression,prevention before crime and punishment after crime to make the basic model of controlling crimes in ancient China.This theoretical policy is not only consistent with the traditional ideas and concepts such as virtue being prior to punishment,education assisting punishment.It also applicable to the social structure of China with particular patriarchal ethics,and to the political system with centralized powers.It not only played an important active role in making the Xi Han Dynasty stable and secure,but also had great influence on the subsequent generations.