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施与报,乃属中国古代社会建构人类秩序的基本出发点。远古氏族社会扩散开来的私力复仇这一以暴制暴的施报关系,逐渐孕育了中国古代社会独特的死刑报应观念,为文明国家的死刑制度提供了报复刑的思想基础。作为文明国家适用死刑的司法官吏,因受施报观念的深刻影响,亦在适用死刑的司法过程中形成了刑官报应这一颇具特色的司法伦理。“报”与死刑之间的内在联系,足可为我们今天思考死刑问题提供有益的历史借鉴。
Applying and reporting are the basic starting points for the construction of human order in ancient Chinese society. The private revenge spread by the ancient clan society, a reporting relationship with riot control, gradually gave birth to the unique notion of death penalty in ancient Chinese society and provided the ideological foundation for the death penalty system in civilized countries. Judicial officials who applied death penalty in civilized countries, due to the profound influence of the concept of newspaper report, also formed the unique judicial ethics of criminal retribution in the judicial process of applying death penalty. The intrinsic relationship between the newspaper and the death penalty can provide useful historical reference for us to think about the death penalty today.