存留養(yǎng)親現(xiàn)實意義新探
發(fā)布時間：2018-10-26 13:29
【摘要】：“藥家鑫案”可謂2011年影響較為重大之案件，人們當(dāng)時探討案件的心情無不憤慨，痛斥藥家鑫“冷血無情”，如今案件過去已一年有余，再次探討，拋卻盲目情緒，回之冷靜后，不禁思考“藥家鑫案”是否真如此惡劣，藥家鑫是否真非死不可？除案件本身情節(jié)外，從中國古代存留養(yǎng)親制度來看待案件，是否會有不同的結(jié)果。 存留養(yǎng)親是我國古代對判處徒、流、死之人，念其父母或祖父母年事已高，無成人子孫，又無期親可照料生活，對這些犯人進行有條件的暫不執(zhí)行刑罰，令其奉養(yǎng)尊親屬，待尊親屬終老后再執(zhí)行原判刑罰或改判的一項刑罰執(zhí)行制度。存留養(yǎng)親在我國施行有一千四百年，其是儒家孝道思想的直接體現(xiàn)，也是由古代農(nóng)業(yè)文化對勞動力需求的土壤孕育而生。清代沈家本修律棄之不用，延續(xù)至今，對其根源以及適用社會之探討大多斥責(zé)其對禮法倫常的維護，不適于現(xiàn)今社會。然民族延續(xù)，思想延續(xù)，若非存留養(yǎng)親有合理之處，其不會留存一千多年，是否這種制度純粹糟粕需棄之不用，應(yīng)聯(lián)系現(xiàn)今社會深入探討。 本文通過對“藥家鑫案”的分析，以“藥家鑫案”死刑立即執(zhí)行的司法判決為研究背景，應(yīng)用理論和案例相結(jié)合的方式，分析本案爭議的焦點，進而引出所要論述的存留養(yǎng)親制度，，分析存留養(yǎng)親的歷史沿革及意義。以我國特有的獨生子女政策以及屢見不鮮的虐老案件為研究基礎(chǔ)，論述存留養(yǎng)親的現(xiàn)實意義。然后依據(jù)現(xiàn)有法律設(shè)置新的“存留養(yǎng)親”模式。
[Abstract]:The "Yao Jiaxin case" can be described as the most important case in 2011. People were all indignant at the time when they discussed the case. They lambasted Yao Jiaxin for being "ruthless in cold blood." now it has been more than a year since the case, and it has been discussed again, giving up its blind mood. Back to calm, can not help thinking about the "Yao Jiaxin case" is really so bad, is it really necessary to die of Yao Jiaxin? Apart from the circumstances of the case itself, whether the case will have different results from the system of keeping and raising relatives in ancient China. In ancient China, a person sentenced to an act, a stream, or a dead person in ancient China, his parents or grandparents were of advanced age, had no adult descendants, and could take care of their living without any adult offspring. The prisoners were given conditional suspension of punishment, so that they could be nurtured and respected. A system of execution of an original sentence or a commutation of sentence after the death of a respected relative. It is a direct embodiment of Confucian filial piety thought, and it is also bred by the soil of ancient agricultural culture to the demand for labor force in our country for 1400 years. Shen Jiaben abandoned the law in the Qing Dynasty and continued to this day. Most of the discussions on its roots and applicable society criticized its maintenance of etiquette and law, which is not suitable for the present society. However, the continuation of the nation, the continuation of thought, if there is a reasonable place, it will not remain for more than a thousand years, whether this system pure dross need to be discarded, should be linked to the current society in-depth discussion. Based on the analysis of the case of Yao Jiaxin and the judicial decision of immediate execution of the death penalty in the case of Yao Jiaxin, this paper analyzes the focus of the dispute in this case by combining the theory with the case. Furthermore, the paper introduces the system of keeping and keeping relatives, and analyzes the historical evolution and significance of preserving and keeping relatives. Based on our country's unique one-child policy and the common cases of elder abuse, this paper discusses the practical significance of keeping and raising relatives. Then according to the existing laws set up a new "stay and foster parents" model.
【學(xué)位授予單位】：甘肅政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：D929;D924
[Abstract]:The "Yao Jiaxin case" can be described as the most important case in 2011. People were all indignant at the time when they discussed the case. They lambasted Yao Jiaxin for being "ruthless in cold blood." now it has been more than a year since the case, and it has been discussed again, giving up its blind mood. Back to calm, can not help thinking about the "Yao Jiaxin case" is really so bad, is it really necessary to die of Yao Jiaxin? Apart from the circumstances of the case itself, whether the case will have different results from the system of keeping and raising relatives in ancient China. In ancient China, a person sentenced to an act, a stream, or a dead person in ancient China, his parents or grandparents were of advanced age, had no adult descendants, and could take care of their living without any adult offspring. The prisoners were given conditional suspension of punishment, so that they could be nurtured and respected. A system of execution of an original sentence or a commutation of sentence after the death of a respected relative. It is a direct embodiment of Confucian filial piety thought, and it is also bred by the soil of ancient agricultural culture to the demand for labor force in our country for 1400 years. Shen Jiaben abandoned the law in the Qing Dynasty and continued to this day. Most of the discussions on its roots and applicable society criticized its maintenance of etiquette and law, which is not suitable for the present society. However, the continuation of the nation, the continuation of thought, if there is a reasonable place, it will not remain for more than a thousand years, whether this system pure dross need to be discarded, should be linked to the current society in-depth discussion. Based on the analysis of the case of Yao Jiaxin and the judicial decision of immediate execution of the death penalty in the case of Yao Jiaxin, this paper analyzes the focus of the dispute in this case by combining the theory with the case. Furthermore, the paper introduces the system of keeping and keeping relatives, and analyzes the historical evolution and significance of preserving and keeping relatives. Based on our country's unique one-child policy and the common cases of elder abuse, this paper discusses the practical significance of keeping and raising relatives. Then according to the existing laws set up a new "stay and foster parents" model.
【學(xué)位授予單位】：甘肅政法學(xué)院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：D929;D924
【參考文獻】
相關(guān)期刊論文 前4條
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2 張本順;;親屬拒證權(quán)的人倫精神解讀[J];道德與文明;2008年06期
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