朱元璋“明刑弼教”思想研究

发布时间：2018-03-19 02:05

本文选题：朱元璋　切入点：明刑弼教　出处：《安徽大学》2012年硕士论文　论文类型：学位论文

【摘要】：朱元璋建立明王朝之后,为了应对建国初期治理国家的需要,针对贪官污吏、奸顽豪富以及猖獗的贼盗,不仅施以重典治之,而且推行法外用刑。为了收到更好的整治效果,他一方面提倡“法贵简明”,一方面又特别重视法制宣传与预防犯罪,将“明刑弼教”作为明代立法和司法活动的主要指导思想。由于受当时历史背景的影响,以致他的这一思想较前人更富有实践性和针对性。不可否认,这种思想对于当时的社会同时产生了积极和消极的影响,虽然消极的一面总体要大于积极的一面,但是对于我国当今的法制建设也还是有一些值得我们深思的教训和可借鉴的经验。本文共四部分,在第一部分中,主要讲述了朱元璋“明刑弼教”思想形成的历史背景。基于对相关史料的整理分析,笔者从主观和客观两个方面着手阐述,主观方面有朱元璋个人出身、经历和性格的使然以及传统统治经验的影响；客观方面有对元朝覆灭教训的总结和明初社会现状的推动。通过分析这些原因,得出了朱元璋提出“明刑弼教”思想真正的社会动机,为文章的下一部分做足铺垫。而正是基于此种原因使得该部分的阐述具有较强的中立性和客观性。在第二部分中,通过分析“明刑弼教”思想的渊源和特点,诠释了“明刑弼教”思想的实质内容,提出了朱元璋“明刑弼教”思想的主要特点：重新调整了“刑”和“教”之间的关系；加大“刑”手段在社会治理中的运用；强化“教”手段的宣传教育功能。力求论述全面、具体,思路清晰、简明。在第三部分中,论述了朱元璋“明刑弼教”思想在当时法律生活中的具体体现,根据“明刑弼教”立法和司法指导思想下的刑罚调整对象的不同,分别论述了重典治吏和重典治民两个方面,并且着重论述了在重典治吏六个方面的具体体现。其实,只要是为了保障朱元璋专制统治的强制手段,都是“明刑弼教”思想指导下的政策特征,其实质都是为达到维护社会稳定的政治统治目的。在第四部分中,从积极和消极两个方面总结了“明刑弼教”思想对当时法制社会的影响,提出了可供当前我国特色社会主义法制建设借鉴的几个方面,力图达到古为今用的目标。
[Abstract]:After the establishment of the Ming Dynasty, Zhu Yuanzhang, in response to the need to govern the country in the early days of the founding of the people's Republic of China, aimed at corrupt officials, the traitorous rich and the rampant thieves and thieves, not only imposed severe punishment on it, but also carried out extrajudicial punishment. On the one hand, he advocated "simplicity of law", on the other hand, he paid special attention to legal publicity and crime prevention. He regarded "Ming Dynasty Bishi" as the main guiding ideology of the legislative and judicial activities of the Ming Dynasty. As a result, his thought was more practical and relevant than his predecessors. Undeniably, this thought had both positive and negative effects on the society at that time, although the negative side was generally larger than the positive side. However, there are still some lessons to be learned and lessons to be used for reference in the construction of legal system in our country. There are four parts in this paper. In the first part, the author mainly describes the historical background of the formation of Zhu Yuanzhang's thought of "Ming Dynasty Bishi". Based on the analysis of relevant historical data, the author starts from the subjective and objective aspects. The subjective aspect includes Zhu Yuanzhang's personal background, experience and character, and the influence of the traditional ruling experience; the objective aspect is the summary of the Yuan Dynasty's downfall lessons and the promotion of the current social situation in the early Ming Dynasty. Through the analysis of these reasons, It is concluded that Zhu Yuanzhang put forward the real social motive of the thought of "Ming Dynasty Bishi", which paves the way for the next part of the article, and it is precisely for this reason that the elaboration of this part has strong neutrality and objectivity. In the second part, by analyzing the origin and characteristics of the thought of "Ming Dynasty Bishi", it explains the essential content of "Ming Dynasty Bishi" thought. This paper puts forward the main features of Zhu Yuanzhang's thought of "Bishi": readjusting the relationship between "punishment" and "teaching"; increasing the application of "punishment" in social governance; strengthening the propaganda and education function of "teaching" means; Concrete, clear thinking, concise. In the third part, it discusses the concrete embodiment of Zhu Yuanzhang's thought of "Bishi of the Ming punishment" in the legal life of that time, according to the difference of the object of the punishment adjustment under the legislation and the judicial guiding ideology of the "Ming Dynasty Bishi". In this paper, the author discusses the two aspects of the administration of officials and the government of the people, and emphasizes on the concrete embodiment of the six aspects of the administration of officials. In fact, as long as it is to ensure the compulsory means of Zhu Yuanzhang's autocratic rule, Both of them are the policy characteristics under the guidance of the thought of "Bishi", and their essence is to achieve the purpose of political rule to maintain social stability. In the 4th part, the author summarizes the influence of the thought of "Ming Dynasty Bishi" on the legal society at that time from the positive and negative aspects, and puts forward several aspects that can be used for reference in the construction of the legal system of socialism with Chinese characteristics at present. Strive to achieve the goal of using the past for the present.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929

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