论文部分内容阅读
朱熹《舜典象刑说》主要涉及刑法产生理论基础、恤刑及赎刑思想。心情阴阳学说是朱熹刑法思想产生的法理学理论基础，并将此学说与理气观相结合建构成更深广的理论；朱熹的恤刑观并非是轻刑宽恤，而是体现了圣人制刑止刑的严刑宽民思想，朱熹认为赎刑必须严格控制其适用范围，不唯贫富，反映了朱熹适用法律的平等思想
Zhu Xi, “Shun code as punishment” mainly related to the theoretical foundation of criminal law, the concept of torture and redemption. The theory of yin and yang in mood is the theoretical basis of Jurisprudence produced by Zhu Xi’s criminal law thoughts and constructs a more profound theory by combining this theory with the theory of qi and qi. The concept of torture of Zhu Xi is not a lenient punishment but a manifestation of the sage punishment Penal punishment of leniency, Zhu Xi believes that the redeemed must strictly control its scope of application, not only the rich and poor, Zhu Xi Xi reflects the applicable law of equality