西周“明德慎罚”思想的现代启示

发布时间：2018-11-14 09:08

【摘要】：中国是世界上历史悠久,拥有着无数智慧与财富的四大文明古国之一,同样也是人类的社会法制起源较早的地区。在几千年的社会发展中,随着朝代的更替,思想观念的变迁,法制体系及法制观念也在不断地变化着。古代的中国人,用他们的智慧与汗水,创造出了许多优秀而又有深远影响的法律及法律理念。在这些优秀的理念中,西周的“明德慎罚”思想是颇具代表性的。几千年前的统治者能意识到用德教而统领天下,用慎罚来适用法律,这对于在当时的经济文化社会的发展程度上来说是一个重大的突破。如今,随着时代的变迁,知识的进步,越来越多的法律思想被现在的人们所接受。那些古代具有一定现代意义的法律思想,更是对于现在的人们有着极大的借鉴意义。所以,通过研究西周的“明德慎罚”思想,探析其所具有的现代意义,从而更好地使我国现代法律能更完善,法律运用的更加公正合理。西周“明德慎罚”思想的内容有着两个方面的要求,一个是“明德”的要求,另一个是“慎罚”的要求。“明德”则主要从“德”的角度提要求官员善于运用德化的方法治理国家,实行“德政”。“慎罚”是要求官员能够慎用刑罚,善用“中罚”,慎重断案。全文分为三个部分,第一部分是对西周法律制度的概况,通过充分全面的阐述西周“明德慎罚”的法律思想来还原西周的相关法律情况,第二部分是对西周“明德慎罚”思想进行评价,本部分分为两个层面,分别对西周“明德慎罚”思想的进步之处和不足之处进行评价,通过对其进步之处和不足之处的阐述,从而正确的把握西周“明德慎罚”思想。第三部分是对西周“明德慎罚”思想的启示,重点在于表明“明德慎罚”法律思想理念对于当代法律实践中的启示。通过与古代的优秀法律思想理念相互借鉴、相互结合,从而更好的使我国在立法；执法；司法等方面变的更加公正、更加合理。
[Abstract]:China is one of the four ancient civilizations with innumerable wisdom and wealth in the world, and it is also the region where the social legal system of mankind originated earlier. In the thousands of years of social development, with the replacement of the dynasty, the change of ideas, the legal system and legal concepts are constantly changing. Ancient Chinese, with their wisdom and sweat, created many outstanding and far-reaching legal concepts. In these excellent ideas, the Western Zhou Dynasty's thought of "careful punishment" is quite representative. The rulers of thousands of years ago realized that the rule of virtue and the application of law with caution and punishment was a great breakthrough in the development of economy, culture and society at that time. Nowadays, with the change of times and the progress of knowledge, more and more legal thoughts are accepted by people. Those ancient legal thoughts with certain modern significance are of great significance to people today. Therefore, by studying the Western Zhou Dynasty's thought of "careful punishment of Ming de", this paper probes into its modern significance, so as to make the modern law of our country more perfect, and the application of law more just and reasonable. The content of the thought of "careful punishment" in the Western Zhou Dynasty has two requirements, one is the requirement of "Ming de" and the other is the requirement of "careful punishment". "Ming de" mainly from the point of view of "virtue" to require officials to be good at using the method of virtue to govern the country, the implementation of "good governance." Careful punishment requires officials to exercise caution in the use of punishment, to make good use of the punishment in the middle, and to deal with cases with caution. The paper is divided into three parts. The first part is the general situation of the legal system of the Western Zhou Dynasty, which can restore the relevant legal situation of the Western Zhou Dynasty through the full and comprehensive elaboration of the legal thought of the Western Zhou Dynasty. The second part is to evaluate the thought of "careful punishment" in the Western Zhou Dynasty. This part is divided into two levels, respectively, to evaluate the progress and shortcomings of the thought of "careful punishment of Ming de Shen" in the Western Zhou Dynasty, and to expound the progress and inadequacies of the thought. In order to correctly grasp the Western Zhou "Ming de Shen penalty" thought. The third part is the enlightenment to the western Zhou Dynasty's thought of "Mingde carefully punishing", the emphasis of which is to show the enlightenment of the idea of "Mingde discreet punishment" to the contemporary legal practice. Through learning from each other and combining with the excellent legal ideas of ancient times, we can make our country more just and reasonable in legislation, law enforcement, judicature and so on.
【学位授予单位】：广西师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D909.2
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本文编号：2330740