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夏商时代法律思想中充满了对神灵的敬畏,一度以秉承神意进行吊民伐罪作为实施罪与罚的合法性来源。随着时间的推移,对神灵的敬畏不断由强转弱。至商代中后期,社会统治开始由“敬神”转向“敬民”。获得民心是强化王权的基础,以民众的利益需求为主要内容的“德”成为王权合法性的支柱,最终将罪与罚的合法性由对神灵的不敬转向以对民众利益的侵犯。
In the Xia and Shang dynasties, the legal thought was full of awe of the gods, and once used the divine will to carry out the crime of hanging the people as the source of legitimacy for the implementation of crime and punishment. Over time, the fear of the gods has been steadily weakened. In the middle and later Shang dynasties, social domination began to shift from “god” to “Jing Min”. To gain the people’s heart is the basis of strengthening the monarchy. The “morality” whose main content is the interests of the people becomes the pillar of the legitimacy of the monarchy. Eventually, the legitimacy of sin and punishment will be shifted from the disrespect to the god to the infringement of the people’s interests.