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作为中国古代刑罚的主要特征之一,刑罚自然主义具有制度与学说两个层面的表现。前者是指统治者通过寻求天地大自然的根据以说明该刑罚制度具有天然的正当性,如“五刑”与“五行”相配应、秋冬行刑契合秋冬肃杀气象、刑官司寇是象秋所立之职等;后者是指学者们通过自然主义的论证完善自家的刑罚学说,赋予该学说主张以天然的合理性,如本文
As one of the main characteristics of the ancient Chinese punishment, the punishment of naturalism has the system and theory of two levels of performance. The former refers to the ruler by seeking the nature of heaven and earth to illustrate the natural justification of the penalty system, such as “five punishment ” and “five elements ” should be matched, autumn and winter execution fit autumn and winter kill the weather, the criminal case Kou is like The latter refers to the scholars through their naturalistic argument to improve their own doctrine of punishment, given the doctrine advocated natural rationality, as in this article