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体大精深的《史记》为什么会阙“刑法”这门十分重要的典章,是司马迁的疏漏,还是有意安排,尚未有人专题研究①。从“一家言”的角度出发,重新认识司马迁,就会发现他的八书中之所以不撰《刑法书》者,一、是他道家黄老思想在著述中的实践和完善;二、阙“刑法”表现出司马迁对历代暴政,尤其是对秦皇汉武峻法酷吏烦苛人民的抗议,他通过对汉朝建立以来一兴一衰的考察,揭示法与道德,暴力与礼义,兴盛与衰败的辩证关系;三、不向强权者低头,不为暴君作《书》,旨在恢复传统的礼乐制度,批判“卖官鬻爵”、“入粟除罪”的经济政策,净化每况愈下的社会风气;四、司马迁不开“刑法”之先河,兼有以“刑余之人”告诫后人的现身说法,内涵着为自己鸣冤叫屈的无声呐喊。亦是他思想与体例的完备统一。
The reason why the “Shiji”, which is so large and complex, lacks the very important chapter of “Criminal Law” is Sima Qian’s omission or intentional arrangement. From the perspective of “one language”, we can find out that the reason why he did not write “Criminal Law” in his eight books is the practice and perfection of his Taoist Huang Lao’s thought in the book. Second, The “Criminal Law” shows Sima Qian’s protest against the tyranny of the past, especially the harsh people of the Junghu legal officials of the Qin and Han Dynasties. Through his investigation of the rise and fall of the Han dynasty, he reveals that law and morality, violence and libido, prosperity and decline Dialectical relationship; Third, do not bow to powerhouses, not for the tyrant as a “book”, aimed at the restoration of the traditional ritual and music system, criticizing the “Crown Prince”, “into the millennium,” the economic policies to purify deteriorating social atmosphere; , Sima Qian could not open the precedent for the “Criminal Law” and warned the posterity of future generations with the words of “those who sentenced him to death”, which meant that there was a silent shout of crying for his own innocence. It is also the complete unity of his thought and style.