中國古代判詞研究特色與作用淺析
發(fā)布時間：2018-08-09 07:51
【摘要】：中國傳統(tǒng)法律文化源遠流長,博大精深,判詞文化是其中頗具特色的一支。研究古代判詞文化,通過對其特點及作用的分析,找出判詞背后的精神層面的東西,是件意義深遠的事,本文擬勉為之。 判詞是古代司法官員斷案決獄的裁決文書,也是處理日常公務和發(fā)表評論的一種應用文體。在三千多年的漫長發(fā)展歷程中,判詞經(jīng)歷了四個主要的發(fā)展階段和三個大的演變歷程,不斷吸收新的養(yǎng)分來充實完善自己并日臻成熟。判詞的發(fā)展歷程,不但和我國封建社會的朝代更替、社會經(jīng)濟保持著相同的步伐,而且跟中國古代法律儒家化的進程有著驚人的相似,甚至跟中國古代文學的發(fā)展經(jīng)過都有著千絲萬縷的聯(lián)系�？梢哉f,判詞文化是深深植根于中國古代社會的政治經(jīng)濟的土壤中,與古代的經(jīng)濟、文學和法律都有著密切的聯(lián)系。 判詞從西周時代萌芽,經(jīng)春秋戰(zhàn)國的演化,至秦漢時基本成型,并有初步的發(fā)展;經(jīng)三國兩晉南北朝的大動蕩,在隋代復歸穩(wěn)定,至唐代達到了前所未有的繁盛,呈現(xiàn)出“名家輩出,佳判如云”的盛世局面;經(jīng)五代十國動蕩時期的短暫消沉后,在宋代又逐漸恢復繁榮;元代判詞曾一度沒落,至明初始重回正軌,并于明清日臻成熟;建國后推行全面司法改革,古代判詞逐漸退出歷史舞臺。 自西周至民國,中國古代判詞在歷史的風雨中艱難前行,歷經(jīng)三千余年而傳承至今。在這幾千年的旅程中,判詞有過繁榮有過沒落,有過光榮也有過劫難,而最多的是默默無聞地躺在案牘上湮沒在歷史的古紙堆中,但縱使時間流逝,好的判詞卻總能深深烙進老百姓的心里而流傳千古。是什么讓判詞流傳千古呢,是判詞的獨特魅力。 好的古代判詞,援引儒家的倫理道德原則和圣人前賢的微言大義,依傍法理,斟酌人情,使上不違于法意,下不拂于人情,用直抒胸臆的道德說教完美地解決爭訟矛盾以維護和諧的社會關系,用感人肺腑的生花妙筆循循善誘地勸導百姓以追求“無訟”的崇高境界,其感情之充沛,氣勢之恢宏,文采之飛揚,足以令這些判詞傳世。這就是古代判詞的魅力。 當然,最重要的還是隱藏在判詞背后、傾注于字里行間的,古人悲天憫人的精神、濟世救民的情懷,這些才是判詞的靈魂,才是判詞得以傳世的根本所在,也是我們今天應該學習的東西。 通過對古代判詞的研究,找出判詞背后的這種靈魂,取其精華去其糟粕地古為今用,是本文的目的所在。
[Abstract]:Chinese traditional legal culture has a long history and is extensive and profound. It is of far-reaching significance to study the ancient judgment culture and find out the spiritual aspects behind it through the analysis of its characteristics and functions. The judgment is not only the adjudication document of the ancient judicial officials, but also an applied style of dealing with daily affairs and making comments. In the long history of more than three thousand years, the judgment has experienced four main stages of development and three major processes of evolution, constantly absorbing new nutrients to enrich and improve itself and become more mature. The development of the judgment not only keeps the same pace with the change of the feudal society and the social economy in our country, but also has a striking similarity with the process of the Confucianization of law in ancient China. Even with the development of ancient Chinese literature are inextricably linked. It can be said that the judgment culture is deeply rooted in the political and economic soil of ancient Chinese society, and has close relations with ancient economy, literature and law. The judgment came from the germination of the Western Zhou Dynasty, through the evolution of the Spring and Autumn period and the warring States period, and was basically formed during the Qin and Han dynasties, and had a preliminary development. The great turbulence of the Southern and Northern dynasties of the three Kingdoms returned to stability in the Sui Dynasty and reached an unprecedented prosperity in the Tang Dynasty. After a brief depression in the turbulent period of five dynasties and ten countries, the prosperity of the Yuan Dynasty was gradually restored, and the Yuan Dynasty judgment was once down, until the Ming Dynasty was back on track, and matured day by day in the Ming and Qing dynasties. After the founding of the people's Republic of China, comprehensive judicial reform was carried out, and ancient judgments gradually withdrew from the historical stage. From the Western Zhou Dynasty to the Republic of China, ancient Chinese dictionaries have been passed down through more than 3,000 years. In these thousands of years of journey, the judgments have been prosperous, there have been ups and downs, there have been glory, there have been disasters, and the most is the most unknown lying on the case slips in the history of the old paper, but even if the passage of time, Good judgments can always be deeply rooted in the hearts of the common people and spread forever. What makes the judgment spread forever, is the unique charm of the judgment. A good ancient judgment, citing the ethical and moral principles of the Confucianists and the great misconceptions of the saints and former saints, depending on the principle of law and considering human feelings, so that the upper part does not violate the meaning of the law, and the lower part does not brush with the human feelings. The moral preaching of expressing one's own mind perfectly solves the contradiction of litigation in order to maintain harmonious social relations, persuades the common people to pursue the lofty realm of "no lawsuit" with a touching flower pen, and its emotion is abundant and its momentum is magnificent. The prowess of literature is enough to carry out these judgments. This is the charm of ancient judgments. Of course, the most important thing is to hide behind the judgment, to pour into the lines between the words, the spirit of compassion of the ancients and the feelings of helping the world and saving the people. These are the souls of the judgment and the fundamental place where the judgment can be handed down. And that's what we should learn today. The purpose of this paper is to find out the soul behind the judgment and to take its essence away from the dregs for the present through the study of ancient judgments.
【學位授予單位】：中國政法大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D929;D926.13
本文編號：2173411
[Abstract]:Chinese traditional legal culture has a long history and is extensive and profound. It is of far-reaching significance to study the ancient judgment culture and find out the spiritual aspects behind it through the analysis of its characteristics and functions. The judgment is not only the adjudication document of the ancient judicial officials, but also an applied style of dealing with daily affairs and making comments. In the long history of more than three thousand years, the judgment has experienced four main stages of development and three major processes of evolution, constantly absorbing new nutrients to enrich and improve itself and become more mature. The development of the judgment not only keeps the same pace with the change of the feudal society and the social economy in our country, but also has a striking similarity with the process of the Confucianization of law in ancient China. Even with the development of ancient Chinese literature are inextricably linked. It can be said that the judgment culture is deeply rooted in the political and economic soil of ancient Chinese society, and has close relations with ancient economy, literature and law. The judgment came from the germination of the Western Zhou Dynasty, through the evolution of the Spring and Autumn period and the warring States period, and was basically formed during the Qin and Han dynasties, and had a preliminary development. The great turbulence of the Southern and Northern dynasties of the three Kingdoms returned to stability in the Sui Dynasty and reached an unprecedented prosperity in the Tang Dynasty. After a brief depression in the turbulent period of five dynasties and ten countries, the prosperity of the Yuan Dynasty was gradually restored, and the Yuan Dynasty judgment was once down, until the Ming Dynasty was back on track, and matured day by day in the Ming and Qing dynasties. After the founding of the people's Republic of China, comprehensive judicial reform was carried out, and ancient judgments gradually withdrew from the historical stage. From the Western Zhou Dynasty to the Republic of China, ancient Chinese dictionaries have been passed down through more than 3,000 years. In these thousands of years of journey, the judgments have been prosperous, there have been ups and downs, there have been glory, there have been disasters, and the most is the most unknown lying on the case slips in the history of the old paper, but even if the passage of time, Good judgments can always be deeply rooted in the hearts of the common people and spread forever. What makes the judgment spread forever, is the unique charm of the judgment. A good ancient judgment, citing the ethical and moral principles of the Confucianists and the great misconceptions of the saints and former saints, depending on the principle of law and considering human feelings, so that the upper part does not violate the meaning of the law, and the lower part does not brush with the human feelings. The moral preaching of expressing one's own mind perfectly solves the contradiction of litigation in order to maintain harmonious social relations, persuades the common people to pursue the lofty realm of "no lawsuit" with a touching flower pen, and its emotion is abundant and its momentum is magnificent. The prowess of literature is enough to carry out these judgments. This is the charm of ancient judgments. Of course, the most important thing is to hide behind the judgment, to pour into the lines between the words, the spirit of compassion of the ancients and the feelings of helping the world and saving the people. These are the souls of the judgment and the fundamental place where the judgment can be handed down. And that's what we should learn today. The purpose of this paper is to find out the soul behind the judgment and to take its essence away from the dregs for the present through the study of ancient judgments.
【學位授予單位】：中國政法大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D929;D926.13
【參考文獻】
相關期刊論文 前10條
1 蔣先福;彭中禮;;論古代判詞的文學化傾向及其可能的效用[J];長沙理工大學學報(社會科學版);2007年01期
2 丁忱;;試論古代公文寫作中的駢中有散與散中有駢[J];檔案與建設;2008年10期
3 何莊;文體駢散的分合對古代公文發(fā)展的影響分析[J];檔案學通訊;2004年06期
4 趙久湘;唐代判牘體例文辭研究[J];涪陵師范學院學報;2003年06期
5 劉高禮;;論古代判詞的歷史發(fā)展及寫作特征[J];中南政法學院學報;1990年02期
6 管學輝;;淺談中國法律儒家化的歷史進程[J];法制與社會;2009年22期
7 苗懷明;中國古代判詞的發(fā)展軌跡及其文化蘊涵[J];廣州大學學報(社會科學版);2002年02期
8 廖峻;;《名公書判清明集》中宋代司法審判的中庸理念及其方法[J];貴州民族學院學報(哲學社會科學版);2010年01期
9 王志強;《名公書判清明集》法律思想初探[J];法學研究;1997年05期
10 劉海年;適當生活水準權與社會經(jīng)濟發(fā)展[J];法學研究;1998年02期
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