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明代是中国封建社会后期以推行重刑主义而闻名的朝代,其刑罚制度在中国法制史上占有重要地位。严刑峻法不仅未能有效惩治和预防犯罪,反而刺激了犯罪的频繁发生。以史为鉴,着眼未来。伴随着人类社会政治文明的发展和法律人文主义价值蕴涵的提升,若要建构科学规范的法治秩序,加速中国法治现代化进程,就必须彻底摒弃重刑主义,大力提倡刑法谦抑主义,注重刑罚的矫正和改善功能。
The Ming Dynasty was a dynasty known for its implementation of serious punishment in the late feudal society in China. Its penalty system occupies an important position in the legal history of China. Severe punishment not only failed to effectively punish and prevent crime, but to stimulate the frequent occurrence of crime. Learn from history, focus on the future. With the development of the political civilization in human society and the promotion of the value of legal humanism, if we want to construct a scientific and orderly order of the rule of law and speed up the process of the modernization of the rule of law in China, we must completely abandon the serious punishment doctrine and vigorously promote modesty doctrine and criminal punishment Correction and improvement of functions.