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“春秋决狱”兴起于西汉,是一种较具特色的司法审判模式。通过对“春秋决狱”的性质进行法理辨析,可以看出这一司法审判模式是一种倾向于将儒家经典提升为次要法律渊源以改变制定法独尊地位的法律变革的产物。但其形式合理性的缺失致使“春秋决狱”引用儒家经典中的精神和事例作为审判依据来定罪量刑的原则始终未被真正的形式化、程序化,始终是影响司法判决的法外因素。
The rise of “Spring and Autumn” in Western Han Dynasty is a relatively modest judicial trial. Judging from the jurisprudence of the nature of “Spring and Autumn Cripples,” we can see that this mode of judicial trial is a product of the legal changes that tend to elevate the Confucian classics as a secondary source of law to change the dominance of the statute. However, the absence of its formal rationality has led to the fact that the principle of criminal convictions and sentencing in the “Spring and Autumn Cripples” quoting the Confucian classics and cases as the basis of trial has not been formally formalized and that proceduralization has always been a law affecting judicial decisions factor.