论文部分内容阅读
《孔丛子·刑论》篇集中辑录孔子关于刑罚的言论和观点,依托《尚书》立言,所载的许多文献资料,也多可与秦汉之际的其他文献相互印证。《刑论》篇所载孔子论刑主要涉及五个论题:一是刑与礼的关系;二是刑与民生的关系;三是刑与盗的关系;四是刑法的设置实施与它的合理性;五是孔子的无讼理想。在该篇九章文字中,有六章引用了《尚书》,共计九条:其中,《吕刑》五条、《康诰》三条、《大禹谟》一条。《刑论》篇中的主要观点都承《尚书》《论语》而来,其宣扬礼教、强调保民的倾向,不仅是对《论语》刑罚思想的继承,也是对孔子礼乐思想、爱人思想和反思精神的继承发扬,值得今人借鉴。
The articles on Kong Congzi and Punishment focus on the remarks and opinions of Confucius on penalties and many documents and documents contained in the Liyan of Shangshu are also mutually verifiable with other documents in the Qin and Han dynasties. There are five topics in Confucius’ argument on “Punishment Theory”: one is the relationship between punishment and courtesy; the other is the relationship between punishment and people’s livelihood; the third is the relationship between punishment and punishment; the other is the setting and implementation of criminal law and its rationality Five is the ideal of no-confrontation of Confucius. Among the nine chapters, there are six chapters that quote “Shang Shu,” a total of nine: Among them, there are five articles of “Lu Pun”, three articles of “Kang” and “Da Yu Mo”. The main points in the “Criminal Theory” are both “Shang Shu” and “The Analects of Confucius”. Propagating ethics and emphasizing the tendency of protecting the people are not only the succession to the penalty of Confucian Analects, And reflect the spirit of the succession and development, it is worth learning.