古代存留养亲制度研究
发布时间：2018-08-13 08:14
【摘要】：存留养亲制度,又称留养制度,或留养承祀制度,是一项存在于我国封建社会长达千余年之久的重要的刑罚执行制度。自古至今,忠孝都是统治阶级维护国家和谐稳定所强调的核心伦理道德思想,存留养亲制度就是统治阶级有条件的暂缓对犯罪分子的惩罚,以帮助罪犯完成其奉养尊亲属的责任,不仅可以巩固亲情伦理关系,强化普通大众的忠孝价值观。还从侧面宣扬了统治阶级的仁政思想,帮助其赢得民心支持,从而达到维护社会稳定的效果。从另一方面看,我国封建社会的存留养亲制度也是有所倾向于教育改造犯罪的,它比单纯适用刑法手段制裁犯罪更能收到良好的社会效果,这与我国当代刑法首先在于教育犯罪,其次才在于惩罚犯罪的价值也是相契合的。本文通过剖析存留养亲制度不同朝代的嬗变及其背景,来解读其存在的合理性与之包含的人性化思想,明确其存在的局限性,从而从刑法角度提出对建设社会主义和谐社会提供有益的借鉴之处。本文的第一部分主要是关于存留养亲制度的整体概述,包括其内涵、基本特征与其存在的基础,并指出这一制度在封建社会产生、发展的文化、法律及社会经济等方面的理论渊源。本文的第二部分主要是关于存留养亲制度在封建社会中各朝代的具体嬗变情况,包括北魏时期正式形成阶段、唐宋元时期完善发展阶段、明朝受抑制阶段以及清朝完善阶段及清末被废除阶段的具体情况。本文的第三部分主要是关于解读存留养亲制度的个人看法,包括古代刑法中存在的人性化思想,以及古代刑法中情与礼发生冲突之时,情更深于礼。本文的第四部分主要是关于存留养亲制度对现代刑法发展存在的影响,古代存留养亲制度虽然存在不少弊端,但是其中蕴含的法律精华仍然值得后世仔细研究。
[Abstract]:The system of keeping and raising relatives, also known as the system of keeping and raising, or the system of keeping foster and offering sacrifices, is an important penalty execution system that existed in the feudal society of our country for more than a thousand years. Since ancient times, loyalty and filial piety have been the core ethical and moral thoughts emphasized by the ruling class in safeguarding the harmony and stability of the country. The system of keeping and raising relatives is the conditional suspension of punishment of criminals by the ruling class. In order to help criminals fulfill the responsibility of supporting their relatives, it can not only strengthen the ethical relationship between family and family, but also strengthen the values of loyalty and filial piety of the general public. It also propagandizes the ruling class's thought of benevolence and helps it win the support of the people, so as to maintain social stability. On the other hand, the system of keeping and raising relatives in feudal society in our country is also inclined to reform crimes through education. It can achieve better social effects than simply applying criminal law to punish crimes. This is in line with the value of our contemporary criminal law, which lies first in educational crime and secondly in punishing crime. By analyzing the evolution and background of different dynasties, this paper explains the rationality of its existence and the humanization thought it contains, and clarifies the limitations of its existence. From the point of view of criminal law, it provides useful reference for the construction of socialist harmonious society. The first part of this paper is mainly about the overall overview of the system of keeping and keeping parents, including its connotation, basic characteristics and the basis of its existence, and points out that this system has developed and developed in the feudal society. The theoretical origin of law and social economy. The second part of this paper is mainly about the specific evolution of the system of preserving and keeping relatives in the feudal society, including the formal formation stage of the Northern Wei Dynasty and the perfect development stage of the Tang, Song and Yuan dynasties. The specific situation of the suppressed stage of the Ming Dynasty, the perfection stage of the Qing Dynasty and the abrogation stage of the late Qing Dynasty. The third part of this paper is mainly about the interpretation of the personal views of the system of keeping and raising relatives, including the humanization of the ancient criminal law, and the conflict between emotion and propriety in the ancient criminal law, the feeling is deeper than the ceremony. The fourth part of this paper is mainly about the influence of the system of preserving, keeping and raising relatives on the development of modern criminal law. Although there are many drawbacks in the ancient system, the essence of law contained therein is still worthy of careful study in later generations.
【学位授予单位】：湖南工业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D929
[Abstract]:The system of keeping and raising relatives, also known as the system of keeping and raising, or the system of keeping foster and offering sacrifices, is an important penalty execution system that existed in the feudal society of our country for more than a thousand years. Since ancient times, loyalty and filial piety have been the core ethical and moral thoughts emphasized by the ruling class in safeguarding the harmony and stability of the country. The system of keeping and raising relatives is the conditional suspension of punishment of criminals by the ruling class. In order to help criminals fulfill the responsibility of supporting their relatives, it can not only strengthen the ethical relationship between family and family, but also strengthen the values of loyalty and filial piety of the general public. It also propagandizes the ruling class's thought of benevolence and helps it win the support of the people, so as to maintain social stability. On the other hand, the system of keeping and raising relatives in feudal society in our country is also inclined to reform crimes through education. It can achieve better social effects than simply applying criminal law to punish crimes. This is in line with the value of our contemporary criminal law, which lies first in educational crime and secondly in punishing crime. By analyzing the evolution and background of different dynasties, this paper explains the rationality of its existence and the humanization thought it contains, and clarifies the limitations of its existence. From the point of view of criminal law, it provides useful reference for the construction of socialist harmonious society. The first part of this paper is mainly about the overall overview of the system of keeping and keeping parents, including its connotation, basic characteristics and the basis of its existence, and points out that this system has developed and developed in the feudal society. The theoretical origin of law and social economy. The second part of this paper is mainly about the specific evolution of the system of preserving and keeping relatives in the feudal society, including the formal formation stage of the Northern Wei Dynasty and the perfect development stage of the Tang, Song and Yuan dynasties. The specific situation of the suppressed stage of the Ming Dynasty, the perfection stage of the Qing Dynasty and the abrogation stage of the late Qing Dynasty. The third part of this paper is mainly about the interpretation of the personal views of the system of keeping and raising relatives, including the humanization of the ancient criminal law, and the conflict between emotion and propriety in the ancient criminal law, the feeling is deeper than the ceremony. The fourth part of this paper is mainly about the influence of the system of preserving, keeping and raising relatives on the development of modern criminal law. Although there are many drawbacks in the ancient system, the essence of law contained therein is still worthy of careful study in later generations.
【学位授予单位】：湖南工业大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D929
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1 刘希烈;论存留养亲制度在中国封建社会存在的合理性[J];当代法学;2005年03期
2 吴建t，
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