慎刑
古代法律思想。“慎刑”是指重德轻刑,反对严刑峻法的法律原则。这一原则起源于西周时期,在唐代达到鼎盛,此后长期占据主流法律思想地位。经儒法两派深化,“慎刑”思想全面渗入古代法律运作,发展出一系列法律制度。“德主刑辅”“明德慎罚”“三宥三赦”“罪疑惟轻”“五覆奏”等便是典型。
This is an ancient legal thought and a legal principle emphasizing morality over punishment, and opposing severe punishment and stringent laws. It originated in the Western Zhou Dynasty, and was upheld as a mainstream legal thought for a long period of time after reaching its peak in the Tang Dynasty. Thanks to the promotion by Confucianism and the Legalist School, it became fully integrated into ancient legal operations, and gave rise to a series of legal principles. Among them, “morality given priority over penalty, ” “the illustration of virtue and the cautious use of punishments, ” “leniency for three kinds of criminal circumstances and pardon for three kinds of criminals, ” “dealing with doubtful crimes lightly”and“five rounds of reassessment of death sentences” are typical representatives.
引例 Citation:
◎ 往者有司多举奏赦前事,累增罪过,诛陷亡辜,殆非重信慎刑,洒心自新之意
也。(剩余422字)