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绝对君主集权的封建司法制度至有宋一代已臻于完备,然具讽刺意味的是,千年的封建帝国到这时已是积贫积弱,盛况难再。生于其时的包拯负命于纷乱危艰之世,在司法实践中哀矜庶戮之不辜,拯冤民于缧绁,愤诉恶贵之恣行,申中正于皇天,其迹昭然。从法律思想史的角度观包拯诸多奏议,我们深感包拯对传统的“中正慎罚”观念的尊奉和发展,甚而可以说,对“中正慎罚”观念的高扬是包拯法律思想最显明的特征。以下就对此试加评述。
The absolute monarchy of the feudal system of justice until the Song Dynasty has been completed, but ironically, the feudal empire of thousands of years has now been poor and weak, unpredictable event. Born in the time of Bao Zheng’s life is in danger of chaos in the world, in the judicial practice mournful killing innocent people, save the people in grief, indignation of evil and wanton, Shenzhongzhongtian, the obvious . From the point of view of the history of legal thought, many critics of Bao Zheng are deeply impressed by Bao Zheng’s dedication and development to the traditional concept of “prudence of the Chinese people and the judiciary.” We can even say that the promotion of the concept of “prudence of being prudent and punished by the people” is Bao Zheng’s law The most obvious characteristics of thought. In the following, we will comment on this.