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血亲复仇作为一种普遍存在的社会现象自古有之,盛世唐朝也不例外。在复仇案件的司法实践中,孝义、伦理、亲情与秩序、规范、国法的激烈碰撞大有可观。唐朝的司法者对于血亲复仇的案件莫衷一是,或是屈法而伸情,或是悯情而从法,无不体现着“礼”与“法”的固有冲突。礼法矛盾主要体现于依“礼”纵之,损的是国法的权威;依“法”断之,失的却是社会的道德期许。民间浓郁的复仇意识、唐律儒家化、儒家孝义思想的根深蒂固正是礼法矛盾难以调和的重要原因。
Blood revenge as a universal social phenomenon has existed since ancient times, the Tang Dynasty is no exception. In the judicial practice of vengeance cases, the fierce clashes between Xiaoyi, ethics, affection and order, norms, and national laws are impressive. The judicial officials in the Tang dynasty did not agree with each other for the revenge of their blood relatives, or they flexed their love by flexing their knees or sympathizing with each other and embodying the inherent conflict between “ceremony” and “law.” The contradiction between the law and the court is mainly reflected in the “courtesy of the courtesy of the courtesy of the court.” The strong sense of revenge among civilians, the Confucianism of the Tang Dynasty and the deep-rooted Confucianism of Xiaoyi are the important reasons why the conflicts between the etiquette and the law are difficult to reconcile.