现代立法坚持主客观统一原则,不承认主观犯罪。但人类史上,把“出轨”的思想定为犯罪是一个不争的历史事实。我们知道中世纪有宗教法庭,审判那些不合于正统的思想者。其实,中世纪的宗教法庭并非“思想犯罪”的始作俑者,“思想犯罪”作为一种历史现象早已存在于古希腊法中:它是公元前5世纪中期以来惩罚不虔敬的观念并由此捍卫民主制的一种法律手段。古希腊时期的思想犯罪最著名的事例乃苏格拉底的审判。苏格拉底的审判响彻整个历史,所以,本文打算以其为主线去探讨人类历史上早期的思想犯罪。 Modern legislation insists on the principle of subjective and objective unification, and does not recognize subjective crimes. However, in human history, it is an indisputable historical fact to criminalize the idea of ​​“derailing”. We know that there were religious courts in the Middle Ages who tried those who did not conform to orthodoxy. In fact, the medieval religious court was not the initiator of “ideological crime”. As a historical phenomenon, the “criminal thought” already existed in the ancient Greek law: it is the concept of punishing ungodliness since the mid-5th century BC This is a legal means of defending democracy. The most famous example of ideological crime in ancient Greece was Socrates trial. Socrates’ trial awaits the whole history, so this article intends to use it as the main line to probe into the early thought crimes in human history.