中国古代宽宥制度研究

发布时间：2018-08-05 17:11

【摘要】：古代中国的法制发达,中华法系对待老幼妇疾刑事犯罪的宽宥制度就深具特色。宽宥制度是指在中国古代的刑事法律中,对于老幼妇疾四类人的刑事方面的犯罪,其刑事方面的处罚要优于普通罪犯的制度。中国古代社会源远流长,每个历史时期有着各自的不同的特点,经济社会发展水平各不相同,但对于给予老者、弱者、残者和妇女在刑事犯罪时的宽宥制度,却始终贯穿于中国古代社会法律制度发展。古代中国对老幼妇疾等社会的弱势群体的刑事犯罪宽宥制度,体现在各自独立而又密切联系、共成体系的一系列具体制度中。笔者认为,老幼妇疾刑事犯罪宽宥制度是多种因素综合作用的结果,也是人类文明进步的必然要求,是刑法日臻完善的标志,也是“德主刑辅,礼法结合”的治国理念影响下的结果,更是“仁政”主义的表现,符合统治阶级缓和阶级矛盾的追求。综上所述,中华法系对待老幼妇疾刑事犯罪的宽宥制度的出现是由中国古代传统文化所决定的,其影响在当今社会依然存在。这个制度作为封建统治者维持和巩固统治秩序的一项柔性措施,不论是在当时的封建社会还是当今社会主义社会都具有深远的历史意义,同时对当前的刑法改革和和谐社会的建设也不乏借鉴作用,这也正是本文的研究目的所在。
[Abstract]:With the developed legal system in ancient China, the system of condoning the criminal crimes of old and young women in Chinese legal system has its own characteristics. In the ancient Chinese criminal law, the system of leniency refers to the criminal punishment of the four kinds of women's disease, which is superior to that of the common criminal. China's ancient society has a long history, each historical period has its own different characteristics, the level of economic and social development is different, but to give the elderly, the weak, the disabled and women in criminal crime forgiveness system, However, it always runs through the development of ancient Chinese social legal system. In ancient China, the system of condoning criminal offenses to the weak groups of society, such as old and young women's disease, was embodied in a series of specific systems which were independent and closely related. The author believes that the system of condoning criminal offences for old and young women with diseases is the result of the comprehensive action of many factors, the inevitable requirement of the progress of human civilization, the symbol of the improvement of criminal law, and the "morality dominates punishment auxiliary," Under the influence of the idea of rule of law, the result of the combination of etiquette and law is the expression of "benevolence" doctrine, which is in line with the ruling class's pursuit of easing class contradictions. To sum up, the emergence of the system of forgiveness in the Chinese legal system for the criminal offence of old and young women's disease is determined by the ancient Chinese traditional culture, and its influence still exists in today's society. This system, as a flexible measure for the feudal rulers to maintain and consolidate the ruling order, had far-reaching historical significance both in the feudal society at that time and in the socialist society today. At the same time, there is no lack of reference to the current criminal law reform and the construction of a harmonious society, which is precisely the purpose of this paper.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D929;D924.1

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