中国古代判词研究特色与作用浅析

发布时间：2018-08-09 07:51

【摘要】：中国传统法律文化源远流长,博大精深,判词文化是其中颇具特色的一支。研究古代判词文化,通过对其特点及作用的分析,找出判词背后的精神层面的东西,是件意义深远的事,本文拟勉为之。判词是古代司法官员断案决狱的裁决文书,也是处理日常公务和发表评论的一种应用文体。在三千多年的漫长发展历程中,判词经历了四个主要的发展阶段和三个大的演变历程,不断吸收新的养分来充实完善自己并日臻成熟。判词的发展历程,不但和我国封建社会的朝代更替、社会经济保持着相同的步伐,而且跟中国古代法律儒家化的进程有着惊人的相似,甚至跟中国古代文学的发展经过都有着千丝万缕的联系。可以说,判词文化是深深植根于中国古代社会的政治经济的土壤中,与古代的经济、文学和法律都有着密切的联系。判词从西周时代萌芽,经春秋战国的演化,至秦汉时基本成型,并有初步的发展;经三国两晋南北朝的大动荡,在隋代复归稳定,至唐代达到了前所未有的繁盛,呈现出“名家辈出,佳判如云”的盛世局面;经五代十国动荡时期的短暂消沉后,在宋代又逐渐恢复繁荣;元代判词曾一度没落,至明初始重回正轨,并于明清日臻成熟;建国后推行全面司法改革,古代判词逐渐退出历史舞台。自西周至民国,中国古代判词在历史的风雨中艰难前行,历经三千余年而传承至今。在这几千年的旅程中,判词有过繁荣有过没落,有过光荣也有过劫难,而最多的是默默无闻地躺在案牍上湮没在历史的古纸堆中,但纵使时间流逝,好的判词却总能深深烙进老百姓的心里而流传千古。是什么让判词流传千古呢,是判词的独特魅力。好的古代判词,援引儒家的伦理道德原则和圣人前贤的微言大义,依傍法理,斟酌人情,使上不违于法意,下不拂于人情,用直抒胸臆的道德说教完美地解决争讼矛盾以维护和谐的社会关系,用感人肺腑的生花妙笔循循善诱地劝导百姓以追求“无讼”的崇高境界,其感情之充沛,气势之恢宏,文采之飞扬,足以令这些判词传世。这就是古代判词的魅力。当然,最重要的还是隐藏在判词背后、倾注于字里行间的,古人悲天悯人的精神、济世救民的情怀,这些才是判词的灵魂,才是判词得以传世的根本所在,也是我们今天应该学习的东西。通过对古代判词的研究,找出判词背后的这种灵魂,取其精华去其糟粕地古为今用,是本文的目的所在。
[Abstract]:Chinese traditional legal culture has a long history and is extensive and profound. It is of far-reaching significance to study the ancient judgment culture and find out the spiritual aspects behind it through the analysis of its characteristics and functions. The judgment is not only the adjudication document of the ancient judicial officials, but also an applied style of dealing with daily affairs and making comments. In the long history of more than three thousand years, the judgment has experienced four main stages of development and three major processes of evolution, constantly absorbing new nutrients to enrich and improve itself and become more mature. The development of the judgment not only keeps the same pace with the change of the feudal society and the social economy in our country, but also has a striking similarity with the process of the Confucianization of law in ancient China. Even with the development of ancient Chinese literature are inextricably linked. It can be said that the judgment culture is deeply rooted in the political and economic soil of ancient Chinese society, and has close relations with ancient economy, literature and law. The judgment came from the germination of the Western Zhou Dynasty, through the evolution of the Spring and Autumn period and the warring States period, and was basically formed during the Qin and Han dynasties, and had a preliminary development. The great turbulence of the Southern and Northern dynasties of the three Kingdoms returned to stability in the Sui Dynasty and reached an unprecedented prosperity in the Tang Dynasty. After a brief depression in the turbulent period of five dynasties and ten countries, the prosperity of the Yuan Dynasty was gradually restored, and the Yuan Dynasty judgment was once down, until the Ming Dynasty was back on track, and matured day by day in the Ming and Qing dynasties. After the founding of the people's Republic of China, comprehensive judicial reform was carried out, and ancient judgments gradually withdrew from the historical stage. From the Western Zhou Dynasty to the Republic of China, ancient Chinese dictionaries have been passed down through more than 3,000 years. In these thousands of years of journey, the judgments have been prosperous, there have been ups and downs, there have been glory, there have been disasters, and the most is the most unknown lying on the case slips in the history of the old paper, but even if the passage of time, Good judgments can always be deeply rooted in the hearts of the common people and spread forever. What makes the judgment spread forever, is the unique charm of the judgment. A good ancient judgment, citing the ethical and moral principles of the Confucianists and the great misconceptions of the saints and former saints, depending on the principle of law and considering human feelings, so that the upper part does not violate the meaning of the law, and the lower part does not brush with the human feelings. The moral preaching of expressing one's own mind perfectly solves the contradiction of litigation in order to maintain harmonious social relations, persuades the common people to pursue the lofty realm of "no lawsuit" with a touching flower pen, and its emotion is abundant and its momentum is magnificent. The prowess of literature is enough to carry out these judgments. This is the charm of ancient judgments. Of course, the most important thing is to hide behind the judgment, to pour into the lines between the words, the spirit of compassion of the ancients and the feelings of helping the world and saving the people. These are the souls of the judgment and the fundamental place where the judgment can be handed down. And that's what we should learn today. The purpose of this paper is to find out the soul behind the judgment and to take its essence away from the dregs for the present through the study of ancient judgments.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929;D926.13

【参考文献】