论文部分内容阅读
中国传统法制的恤刑思想,在中国古代法律史上占有十分重要的地位,即使是在崇尚“重典治国”的明代,通过较为完善的审刑制度,教化、颂系、优待女犯、法外行仁等恤刑思想仍然得以在刑狱实践中得到了很好的体现,有效地避免了冤屈的出现,对缓和阶级矛盾,维护封建统治起到了积极的作用,对当前的法治建设也有一定的现实借鉴意义。
The traditional Chinese legal system of compassionate punishment occupies a very important position in the history of ancient Chinese law. Even in the Ming Dynasty, which advocated the “rule of dignitial administration”, through the more perfect sentencing system, educating, praising and treating female offenders, The concept of compassionate punishment such as benevolence is still well represented in the practice of prison, which effectively avoids the emergence of injustice, plays a positive role in alleviating class conflicts and maintaining the feudal rule, and also has certain reality in the current construction of the rule of law Reference meaning.