頁籤選單縮合
| 題 名 | 東漢刑法與復仇 |
|---|---|
| 作 者 | 翁麗雪; | 書刊名 | 嘉義農專學報 |
| 卷 期 | 39 1994.11[民83.11] |
| 頁 次 | 頁151-166 |
| 分類號 | 622.2 |
| 關鍵詞 | 刑法; 復仇; Sentence revenge; |
| 語 文 | 中文(Chinese) |
| 中文摘要 | 「殺人者死」,原為三代以來之通制,然東漢對於復仇一事,常採行減 死或寬赦,其原因在於東漢君主多畢用經明行修之士,影響所及,士人多推獎儒 術,樹立節義風範。 復仇,既有《禮記)、(公羊傳)等經典為依據,而東漢盛行節義,士人尤其競尚復 仇,故漢吏對於復仇者常採移徙之法,釋其恩怨;其次,如帝王之重德輕刑,童 帝曾為復仇者別立「輕侮法」以免其刑;官吏斷刑多仁恕、對於復仇者常行寬赦, 並予極高之評價;學者多主張「苟得其義不廢仇燼」之議論,故復仇一事,既遵 從古義,又合乎當代節義,乃蔚為東漢一代潮流。 |
| 英文摘要 | Killers must be sentenced to death' was granted as a rule since San-Tai. However, during the period of East Han Dynasty, the killer was probably forgiven for his crime if the killer killing people for revenge. It is because the empires in this time respected those people who were equippedwith knowledge and morality. Society, influenced by it, highly esteemedand followed this concept. Based on Li-Chi and Kung-Yang-Chuan, revenge was popular andtreated as a sign of morality during this time. People did it as long as theyhad opportunity. In order to release the grievances, the revengers werealways sentenced to be exiled to the remote place. It showed that the empire respected the morality and wished that it could take the place of punishment. ChangTi established a special law *ChingJuLaw" -which wasfor judges to have a basis to reduce the sentence on this kind of cases. Itwas highly appreciated. Scholars always accepted the concept that revenge privately was affable if it was for justice. Revenge became a tendency because it fitted to the contemporary trend and did not offend theancient rule. |
本系統中英文摘要資訊取自各篇刊載內容。