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刘基是元末明初的政治家和思想家,也是我国家喻户晓的历史人物“刘伯温”。他主张因时制宜地立法,以民为本地司法,崇尚德政地用刑,也就是说,他吸取所谓宋元“宽纵失国”的教训,重视法律变通,因时立法,以适应明初政权建设和社会发展的需要;坚持民本思想,注重“以刑去刑”的刑罚预防效能,并强调公正司法,辅以教化,使民自律免刑;继承传统的“德主刑辅”思想,尚德重道,明德生民,更多地从德政教化的角度诠释德刑关系以及刑(法)的本性。这些内容在一定程度上修正和完善了我国传统的法制观念,对明初的政权巩固和法制形成都产生了积极影响。
Liu Ji is a politician and thinker at the end of Yuan Dynasty and the Ming dynasty, and is also a well-known historical figure in our country. He advocated that legislation should be based on the proper conditions and that people be the local judiciary and to adopt moral punishments. That is to say, he learned from the so-called Song and Yuan Dynasties and emphasized the importance of legal adaptation. The need to establish the early political power and social development; persevere in the people-based ideology and pay attention to the penalty prevention effectiveness of “punishing prisoners with punishment”, emphasizing just administration of justice and enlightenment so that people will be exempt from self-discipline; inheriting the traditional “ ”Thought, Sunder Road, Mingde Shengmin, more from the perspective of ethics and morality to explain the relationship between morality and punishment as well as the nature of the (law). To a certain extent, these contents have amended and perfected the traditional concept of legal system in our country and have a positive impact on the consolidation of the regime and the formation of the legal system in the early Ming Dynasty.