古代存留養(yǎng)親制度研究
發(fā)布時間：2018-08-13 08:14
【摘要】：存留養(yǎng)親制度,又稱留養(yǎng)制度,或留養(yǎng)承祀制度,是一項存在于我國封建社會長達千余年之久的重要的刑罰執(zhí)行制度。自古至今,忠孝都是統(tǒng)治階級維護國家和諧穩(wěn)定所強調(diào)的核心倫理道德思想,存留養(yǎng)親制度就是統(tǒng)治階級有條件的暫緩對犯罪分子的懲罰,以幫助罪犯完成其奉養(yǎng)尊親屬的責任,不僅可以鞏固親情倫理關(guān)系,強化普通大眾的忠孝價值觀。還從側(cè)面宣揚了統(tǒng)治階級的仁政思想,幫助其贏得民心支持,從而達到維護社會穩(wěn)定的效果。從另一方面看,我國封建社會的存留養(yǎng)親制度也是有所傾向于教育改造犯罪的,它比單純適用刑法手段制裁犯罪更能收到良好的社會效果,這與我國當代刑法首先在于教育犯罪,其次才在于懲罰犯罪的價值也是相契合的。本文通過剖析存留養(yǎng)親制度不同朝代的嬗變及其背景,來解讀其存在的合理性與之包含的人性化思想,明確其存在的局限性,從而從刑法角度提出對建設(shè)社會主義和諧社會提供有益的借鑒之處。本文的第一部分主要是關(guān)于存留養(yǎng)親制度的整體概述,包括其內(nèi)涵、基本特征與其存在的基礎(chǔ),并指出這一制度在封建社會產(chǎn)生、發(fā)展的文化、法律及社會經(jīng)濟等方面的理論淵源。本文的第二部分主要是關(guān)于存留養(yǎng)親制度在封建社會中各朝代的具體嬗變情況,包括北魏時期正式形成階段、唐宋元時期完善發(fā)展階段、明朝受抑制階段以及清朝完善階段及清末被廢除階段的具體情況。本文的第三部分主要是關(guān)于解讀存留養(yǎng)親制度的個人看法,包括古代刑法中存在的人性化思想,以及古代刑法中情與禮發(fā)生沖突之時,情更深于禮。本文的第四部分主要是關(guān)于存留養(yǎng)親制度對現(xiàn)代刑法發(fā)展存在的影響,古代存留養(yǎng)親制度雖然存在不少弊端,但是其中蘊含的法律精華仍然值得后世仔細研究。
[Abstract]:The system of keeping and raising relatives, also known as the system of keeping and raising, or the system of keeping foster and offering sacrifices, is an important penalty execution system that existed in the feudal society of our country for more than a thousand years. Since ancient times, loyalty and filial piety have been the core ethical and moral thoughts emphasized by the ruling class in safeguarding the harmony and stability of the country. The system of keeping and raising relatives is the conditional suspension of punishment of criminals by the ruling class. In order to help criminals fulfill the responsibility of supporting their relatives, it can not only strengthen the ethical relationship between family and family, but also strengthen the values of loyalty and filial piety of the general public. It also propagandizes the ruling class's thought of benevolence and helps it win the support of the people, so as to maintain social stability. On the other hand, the system of keeping and raising relatives in feudal society in our country is also inclined to reform crimes through education. It can achieve better social effects than simply applying criminal law to punish crimes. This is in line with the value of our contemporary criminal law, which lies first in educational crime and secondly in punishing crime. By analyzing the evolution and background of different dynasties, this paper explains the rationality of its existence and the humanization thought it contains, and clarifies the limitations of its existence. From the point of view of criminal law, it provides useful reference for the construction of socialist harmonious society. The first part of this paper is mainly about the overall overview of the system of keeping and keeping parents, including its connotation, basic characteristics and the basis of its existence, and points out that this system has developed and developed in the feudal society. The theoretical origin of law and social economy. The second part of this paper is mainly about the specific evolution of the system of preserving and keeping relatives in the feudal society, including the formal formation stage of the Northern Wei Dynasty and the perfect development stage of the Tang, Song and Yuan dynasties. The specific situation of the suppressed stage of the Ming Dynasty, the perfection stage of the Qing Dynasty and the abrogation stage of the late Qing Dynasty. The third part of this paper is mainly about the interpretation of the personal views of the system of keeping and raising relatives, including the humanization of the ancient criminal law, and the conflict between emotion and propriety in the ancient criminal law, the feeling is deeper than the ceremony. The fourth part of this paper is mainly about the influence of the system of preserving, keeping and raising relatives on the development of modern criminal law. Although there are many drawbacks in the ancient system, the essence of law contained therein is still worthy of careful study in later generations.
【學位授予單位】：湖南工業(yè)大學
【學位級別】：碩士
【學位授予年份】：2016
【分類號】：D929
[Abstract]:The system of keeping and raising relatives, also known as the system of keeping and raising, or the system of keeping foster and offering sacrifices, is an important penalty execution system that existed in the feudal society of our country for more than a thousand years. Since ancient times, loyalty and filial piety have been the core ethical and moral thoughts emphasized by the ruling class in safeguarding the harmony and stability of the country. The system of keeping and raising relatives is the conditional suspension of punishment of criminals by the ruling class. In order to help criminals fulfill the responsibility of supporting their relatives, it can not only strengthen the ethical relationship between family and family, but also strengthen the values of loyalty and filial piety of the general public. It also propagandizes the ruling class's thought of benevolence and helps it win the support of the people, so as to maintain social stability. On the other hand, the system of keeping and raising relatives in feudal society in our country is also inclined to reform crimes through education. It can achieve better social effects than simply applying criminal law to punish crimes. This is in line with the value of our contemporary criminal law, which lies first in educational crime and secondly in punishing crime. By analyzing the evolution and background of different dynasties, this paper explains the rationality of its existence and the humanization thought it contains, and clarifies the limitations of its existence. From the point of view of criminal law, it provides useful reference for the construction of socialist harmonious society. The first part of this paper is mainly about the overall overview of the system of keeping and keeping parents, including its connotation, basic characteristics and the basis of its existence, and points out that this system has developed and developed in the feudal society. The theoretical origin of law and social economy. The second part of this paper is mainly about the specific evolution of the system of preserving and keeping relatives in the feudal society, including the formal formation stage of the Northern Wei Dynasty and the perfect development stage of the Tang, Song and Yuan dynasties. The specific situation of the suppressed stage of the Ming Dynasty, the perfection stage of the Qing Dynasty and the abrogation stage of the late Qing Dynasty. The third part of this paper is mainly about the interpretation of the personal views of the system of keeping and raising relatives, including the humanization of the ancient criminal law, and the conflict between emotion and propriety in the ancient criminal law, the feeling is deeper than the ceremony. The fourth part of this paper is mainly about the influence of the system of preserving, keeping and raising relatives on the development of modern criminal law. Although there are many drawbacks in the ancient system, the essence of law contained therein is still worthy of careful study in later generations.
【學位授予單位】：湖南工業(yè)大學
【學位級別】：碩士
【學位授予年份】：2016
【分類號】：D929
【相似文獻】
相關(guān)期刊論文 前10條
1 劉希烈;論存留養(yǎng)親制度在中國封建社會存在的合理性[J];當代法學;2005年03期
2 吳建t，
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