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作为中国古代社会刑罚制度和思想理念之内核的严刑峻罚,一直主导着历朝历代的立法和司法实践。由此,形成和铸就了与中国古代法律文化“礼治主义”特色同样令人瞩目、经久不衰的“以刑为主”的“刑治主义”特色。追根溯源可知在众多制约和影响其形成的因素中最为根本的是经济因素。分析和思考其经济成因,将有助于从根本上认识、理解和把握中国古代刑罚制度和理念的本质。
As the severe punishment of the kernel of the penal system and ideology in ancient Chinese society, it has always dominated the legislative and judicial practices of various dynasties and dynasties. As a result, the characteristics of “rule of law” in ancient Chinese law and culture have been shaped and cast into the same “impressive” and “enduring” characteristics of “criminalism” characterized by “serving as punishment.” Tracing back to the source shows that in many constraints and the factors that affect its formation is the most fundamental economic factors. Analyzing and thinking about its economic causes will help to fundamentally understand, understand and grasp the essence of China’s ancient penal system and philosophy.