朱元璋的重典思想及其实践研究
发布时间：2018-11-02 08:19
【摘要】： 朱元璋建立明王朝之后,以“刑乱国用重典”作为自己的治国思想,明初一系列的法律文件也是在这一思想指导下所制定的。 朱元璋在明朝建国之初就决定重典治国,他的这一决定与当时的历史背景息息相关。朱元璋的重典思想虽然具有传统重刑主义的影响,但是将其与先秦法家的重刑思想比较之下,可以看到二者的内涵并不一致。朱元璋的重典思想不仅具有传统重刑主义的特点,也有着其自身的特色。朱元璋的重典之治是在当时“乱世”的背景下实施的权宜之计,而且带有明显的明刑弼教与以法为教的性质,是通过治吏与治民两种方式来表现的。 朱元璋在他的法律实践中也贯彻了重典治国的思想。在明王朝有基本法典地位的《大明律》,修订过程贯穿整个洪武朝,受到朱元璋重典思想的影响,表现出“重其所重,轻其所轻”的特点。洪武时期另一部具有特殊地位的法律文件《大诰》四篇是在《大明律》施行以后出台的,以严惩臣民的犯罪,弥补明律的不足。除了立法工作之外,朱元璋在司法方面也贯彻了他的重典思想。在司法实践中往往滥施刑罚、屡兴大狱、株连广泛,而且大兴文字狱,打压文人阶级,巩固专制统治。 朱元璋特殊的人生经历,对他重典思想的形成有着重要影响。重典治国政策在明初的实施对当时的社会既有一定的积极意义也有很大的弊端,总体来说弊大于利。朱元璋的重典思想结合中国当代的法制现象以及现行的刑事政策,仍然具有一定借鉴意义。
[Abstract]:After the establishment of the Ming Dynasty, Zhu Yuanzhang took the "criminal disorder" as his own thought of governing the country, and a series of legal documents were formulated under the guidance of this thought in the early Ming Dynasty. Zhu Yuanzhang decided to rule the country in the early Ming Dynasty, which was closely related to the historical background of that time. Zhu Yuanzhang's thought of heavy punishment has the influence of traditional severe punishment doctrine, but by comparing it with the thought of heavy punishment of pre-Qin legalists, we can see that the connotation of them is not the same. Zhu Yuanzhang's serious thought not only has the characteristics of traditional severe punishment, but also has its own characteristics. Zhu Yuanzhang's severe rule is an expedient measure implemented under the background of "turbulent times" at that time, and it has the obvious nature of "Ming Dynasty Bishi" and "law", which is expressed by two ways: ruling officials and ruling the people. Zhu Yuanzhang in his legal practice also carried out the serious thought of governing the country. In the Ming Dynasty, the law of the Great Ming Dynasty, which had the status of the basic code, was revised through the whole Hongwu Dynasty, and was influenced by Zhu Yuanzhang's thought of attaching great importance to the code, showing the characteristic of "attaching great importance to it and neglecting it". Another special legal document in Hongwu period, Da Letters Patent, was issued after the implementation of Da Ming Law in order to severely punish the subjects' crimes and make up for the deficiency of Ming's laws. Besides legislative work, Zhu Yuanzhang also carried out his serious thought in judicial aspect. In judicial practice, criminal punishment is often applied, often exuberant and extensive, and the literati class is suppressed and autocratic rule is consolidated. Zhu Yuanzhang's special life experience has an important influence on the formation of his thought. In the early Ming Dynasty, the implementation of the policy of governing the country had both positive significance and great malpractice, generally speaking, the disadvantages outweighed the advantages. Zhu Yuanzhang's serious thought still has certain reference significance in combination with China's contemporary legal phenomenon and current criminal policy.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D924;D909.2
本文编号：2305461
[Abstract]:After the establishment of the Ming Dynasty, Zhu Yuanzhang took the "criminal disorder" as his own thought of governing the country, and a series of legal documents were formulated under the guidance of this thought in the early Ming Dynasty. Zhu Yuanzhang decided to rule the country in the early Ming Dynasty, which was closely related to the historical background of that time. Zhu Yuanzhang's thought of heavy punishment has the influence of traditional severe punishment doctrine, but by comparing it with the thought of heavy punishment of pre-Qin legalists, we can see that the connotation of them is not the same. Zhu Yuanzhang's serious thought not only has the characteristics of traditional severe punishment, but also has its own characteristics. Zhu Yuanzhang's severe rule is an expedient measure implemented under the background of "turbulent times" at that time, and it has the obvious nature of "Ming Dynasty Bishi" and "law", which is expressed by two ways: ruling officials and ruling the people. Zhu Yuanzhang in his legal practice also carried out the serious thought of governing the country. In the Ming Dynasty, the law of the Great Ming Dynasty, which had the status of the basic code, was revised through the whole Hongwu Dynasty, and was influenced by Zhu Yuanzhang's thought of attaching great importance to the code, showing the characteristic of "attaching great importance to it and neglecting it". Another special legal document in Hongwu period, Da Letters Patent, was issued after the implementation of Da Ming Law in order to severely punish the subjects' crimes and make up for the deficiency of Ming's laws. Besides legislative work, Zhu Yuanzhang also carried out his serious thought in judicial aspect. In judicial practice, criminal punishment is often applied, often exuberant and extensive, and the literati class is suppressed and autocratic rule is consolidated. Zhu Yuanzhang's special life experience has an important influence on the formation of his thought. In the early Ming Dynasty, the implementation of the policy of governing the country had both positive significance and great malpractice, generally speaking, the disadvantages outweighed the advantages. Zhu Yuanzhang's serious thought still has certain reference significance in combination with China's contemporary legal phenomenon and current criminal policy.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D924;D909.2
【引证文献】
相关博士学位论文 前1条
1 王瑞山;中国传统社会治安思想研究[D];华东政法大学;2012年
相关硕士学位论文 前1条
1 徐芙蓉;朱元璋“明刑弼教”思想研究[D];安徽大学;2012年
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