“慎刑”思想及其现代价值意义研究

Research on the Thought of “Prudent Punishment” and Its Modern Value Significance

中华上下五千年,儒家思想犹如划破世界的惊雷,在诸多优秀的思想中闪耀而出,影响了世世代代的炎黄子孙。儒家思想影响无处不在,比如儒家在政治方面就渴望“仁政”,投射至司法领域,开启了我国“慎刑”思想的先河。“慎刑”思想在中国法制史的发展中,犹如一颗璀璨的明星,在律法的严苛与谦抑中照耀着黎民百姓。“慎刑”思想是中国传统法律思想中独具特色的重要因素,它不仅仅表现在思想层面,同样也表现在制度层面。只有深入地理解“慎刑”思想,把握好历史上的“慎刑”制度精髓,才有利于社会矛盾的及时有效的化解,才有利于法治理论与法治实践更好地耦合在一起,才能实现法律实效与社会目的的有机统一,才能更好地实现国家的长治久安。对“慎刑”思想深入研究,不仅仅可以了解其在古代的产生、发展、演变,同样可以将其思想创新性地运用在现代社会,弘扬其珍贵的价值。

For five thousand years in China, Confucianism was like a thunderbolt that shattered the world, shining out of many excellent ideas and influencing generations of descendants of Yan and Huang. The influence of Confucianism is ubiquitous, for example, Confucianism yearns for “benevolent governance” in politics and projects it into the field of justice, opening the way for China’s “cautious punishment” ideology. The concept of “cautious punishment” has shone like a brilliant star in the development of Chinese legal history, illuminating the common people in the strictness and humility of the law. The concept of “cautious punishment” is a unique and important factor in traditional Chinese legal thought, which is not only reflected in the ideological level, but also in the institutional level. Only by deeply understanding the concept of “cautious punishment” and grasping the essence of the “cautious punishment” system in history, can it be conducive to the timely and effective resolution of social contradictions, the better coupling of legal theory and practice, the organic unity of legal effectiveness and social goals, and the better realization of long-term stability of the country. A thorough study of the concept of “cautious punishment” not only enables us to understand its emergence, development, and evolution in ancient times, but also enables innovative application of its ideas in modern society, promoting its precious value.