丘浚慎刑思想研究

发布时间：2018-05-06 23:05

本文选题：丘浚 + 慎刑　；参考：《甘肃政法学院》2012年硕士论文

【摘要】：慎刑思想在中国可以说是源远流长，历史悠久。中国的慎刑思想是在与封建社会的残酷统治，重刑、滥刑不断的矛盾中形成发展的。虽然慎刑对封建时期残虐的刑罚有一定的缓解，但并不能改变其残虐的本质。愈是这样，学者对慎刑的呼声就会愈高。丘浚也是这样，他从来没有放弃过自己慎刑的主张。明初，朱元璋在总结元代教训、分析当时的形势之后，认为自己身处乱世，当采用“重典治国”的方略，在司法实践中也用刑严酷，当权者甚至滥用刑罚；明中叶，明朝更是由繁荣走向衰落，，君主怠于朝政，宦官弄权，司法严酷。面对这样的现状，丘浚作为儒学的倡导者，为挽救和维护封建王朝的统治，他对中国传统儒家法律思想作了重点阐发和总结发挥。他强调人人好利，要保护百姓的私有利益；分析了更深层次的犯罪根源，认识到了导致犯罪的政治因素；主张刑罚人道主义，尊重生命，要求改变囚犯的待遇；反对重刑、滥刑，主张慎刑，并将这种观念渗透到了具体的制度设计中。不得不说，他在中国法律思想史上占有重要地位。本文主要分四个部分研究丘浚的慎刑思想。第一部分主要概述丘浚的法律思想，包括丘浚生平及他在学术上的成就，概括考察丘浚慎刑思想；第二部分主要考察丘浚慎刑思想的渊源，探求其慎刑思想形成的时代背景，基于他对明朝现实的深刻反思、竭力改变现实司法环境的期许和愿望，他对传统儒家慎刑思想既有继承又有所发展；第三部分集中探讨丘浚慎刑思想的主要内容，从丘浚在立法、司法上的主张和观念中，具体分析丘浚的慎刑思想；第四部分从正反两个方面，对丘浚慎刑思想予以评价。
[Abstract]:The thought of careful punishment has a long history in China. The thought of careful punishment in China developed in the contradiction of cruel rule, severe punishment and excessive punishment in feudal society. Although careful punishment alleviates the punishment of tyranny in feudal period, it can not change its essence. The more so, the more scholars will be cautious about the call for punishment will be higher. So did Qiu Jun, who had never given up his idea of cautious punishment. At the beginning of Ming Dynasty, after summing up the lessons of Yuan Dynasty and analyzing the situation at that time, Zhu Yuanzhang thought that he was in troubled times, and that he should adopt the general strategy of "governing the country with a heavy code" and use severe punishment in judicial practice, and even abuse punishment by those in power; in the middle of Ming Dynasty, Ming Dynasty is from prosperity to decline, the monarch in the government, eunuchs power, judicial rigor. In the face of such a situation, Qiu Jun, as an advocate of Confucianism, in order to save and maintain the rule of the feudal dynasty, he focused on the Chinese traditional Confucian legal thought and summarized it. He emphasized the good interests of all and the need to protect the private interests of the people; analysed the deeper causes of crime and recognized the political factors leading to it; advocated humanitarianism and respect for life and called for changes in the treatment of prisoners; and opposed heavy sentences, Excessive punishment, advocates careful punishment, and the concept of infiltration into the specific system design. It has to be said that he occupies an important position in the history of Chinese legal thought. This paper is divided into four parts to study Qiu Jun's thought of careful punishment. The first part mainly summarizes Qiu Jun's legal thought, including Qiu Jun's life and his academic achievements, the second part mainly studies the origin of Qiu Junshen's thought of careful punishment, and explores the background of the formation of his thought of careful punishment. Based on his deep reflection on the reality of the Ming Dynasty and his desire to change the actual judicial environment, he not only inherits but also develops the traditional Confucian thought of careful punishment. The third part focuses on the main contents of Qiu Junshen's thought of discreet punishment. From the viewpoint and concept of Qiu Jun's legislation and judicature, the author concretely analyzes Qiu Jun's thought of careful punishment, the fourth part evaluates Qiu Junshen's thought of careful punishment from two aspects: positive and negative.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D909.2;D924

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