《唐律疏议》“慎刑”理念之体现与启示

The Embodiment and Enlightenment of the Concept of Cautious Punishment in Tang Code

慎刑理念的核心要义就在于谨慎适用刑罚。以《唐律疏议》为代表的唐律在我国历史上具有重要地位,对后世产生深远影响。《唐律疏议》以德礼为本、刑罚为用,依律慎刑、重在宽简,法律统一稳定为立法思想,律条简约、规范详备,针对特殊群体减轻、免除刑罚,刑罚轻缓、严格限制死刑,不论是立法思想、原则、还是罪刑的设置,都体现了“慎刑”理念。这与现代轻刑化的思想不谋而合,也对现代法治建设产生启示:坚持条文简约,内容详备;针对特殊群体减轻、免除刑罚;顺应轻刑化的发展趋势。

The core of the concept of cautious punishment lies in the prudentapplication of punishment. The Tang law represented by Tang Code plays animportant role in the history of Our country and exerts a far-reachinginfluence on the later generations. Tang Code takes morality as the base,punishment as the use, prudence in punishment according to the law, emphasis onleniency and simplicity, and unification and stability of law as thelegislative thought, and mitigated or exempted punishment for special groups,and imposed light penalties and strict restrictions on death penalty. No matterin legislative thought, principle or setting of crime and punishment, Tang Code embodies the concept of cautiouspunishment. This happens to coincide with the modern thought of light punishment, but also to the modern legalconstruction of enlightenment: adhere to the simple provisions, detailedcontent;mitigating or exempting punishments for special groups;comply withthe development trend of light punishment.