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北宋时期,试刑法的考试内容为法律专业知识。及至南宋,兼试经义,经学进入试刑法的考试内容,或决去留,或定高下,与法律并重。有宋一代,试刑法在考试内容上呈现出经学化的历史趋势,经学成为试刑法最为重要的知识。试刑法的经学化是经学上升为国家统治理论进而制度化的体现。由此可以看出宋代统治者对“经生明法,法吏通经”理想状态的期待,而时代的司法需求,也使得由儒生充任的司法官员的知识结构中既有经学,又有法律。而司法官员知识结构中经学与法律的关系,则可以概括为“经学为本,法律为用”。
During the Northern Song Dynasty, the content of the examination for criminal law was legal professional knowledge. And to the Southern Song Dynasty, and try the righteousness, the study into the text of the examination of criminal law, or decide to go stay, or set high, with the law. With the Song Dynasty, the criminal law of trial shows the historical tendency of academicization in the content of the examination, and the classical learning has become the most important knowledge of the criminal law of trial. The academicization of the criminal law of trial is an embodiment of the institutionalization of the rise of the theory of state by the theory of state. From this, we can see that the rulers in Song Dynasty looked forward to the ideal state of “passing the students, passing the law and leading the officials”, and the judicial needs of the times also make the knowledge structure of the judicial officials filled by Confucian scholars not only learn through study but also There is law. However, the relationship between the study of law and the law in the judicial officials’ knowledge structure can be summarized as “learning by science and law ”.