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历代《刑法志》是中国历代官修正史的重要篇章,同时也是中国法制史研究的必需史料。以历代《刑法志》中的监狱制度为解读视角,我们可以发现中国传统法文化中的矜恤思想、人治观念和等级制度。传统法律文化并未止步于现当代,不论我们主观上如何不情愿或无意识,注定都会受到它的影响。当然,传统法律文化并非一潭污水,不可救药,它也有自己的精髓,如何重新认识传统法律文化及其在现当代的投影效应,则是我们法律史学者应该考虑的问题。
The “Criminal Law Records” of the past dynasties are important chapters of the official history of Chinese revisionism, and are also the necessary historical materials for the study of the history of legal history in China. From the perspective of prison system in “Criminal Law Records” of the past dynasties, we can find out the concept of “Tutu”, the concept of “rule of man” and the “hierarchy” in Chinese traditional legal culture. The traditional legal culture has not stopped at present and contemporary times, no matter how reluctantly or unconsciously we are subjectively, it is destined to be affected by it. Of course, the traditional legal culture is not an irresistible wasteland, it has its own essence. How to re-understand the traditional legal culture and its projection effect in the present and contemporary times is a question that our legal historians should consider.