《诗经》所载西周春秋法制及其对后世的影响  

Legal System of the West Zhou Dynasty and the Chunqiu Period in The Book of Odes and Its Influence on Later Ages

作　　者：陶钟灵[1] 

机构地区：[1]贵州财经学院法学院

出　　处：《法学研究》2011年第6期191-206,共16页Chinese Journal of Law

摘　　要：从《诗经》反映的西周春秋时期法律发展情况看,周人已有一定的法律意识,当时作为法律称谓的语词后世大多演化为对成文法各种形式的称谓;由三代的天命、天罚观念发展而来的君权神圣观念,明德慎罚、礼乐政刑综合为用及注重社会和谐的思想也在此时初步形成;其时的礼乐、刑法、司法、婚姻、祭祀、土地等各项制度也都对后世有重大影响。From the condition of the development of the laws in the West Zhou Dynasty and the Chunqiu Period which The Book of Odes had reflected, we can find out that the Zhou people were provided with clear legal conceptions and strong legal consciousness. The majority of those various appellations to the laws of that time had gradually become the various appellations to the forms of the written laws in the later ages. The dominant legal thought of holy and centralized monarchical power took shape from the development of the theory of Tianming and Tianfa in the Xia, Shang and Zhou Dynasties and had profound and lasting influence on the later ages. The ruler of the Zhou Dynasty put forward the theory of ＂advocating morals and applying penalty cautiously＂ and put the doctrine of ＂regarding the people as the basic of the country＂ into the legal system of the Zhou Dynasty, 2 which at once affected the point of views of the legal system of the Confucian school and the Fajia school, and also became the source of the legal thought of ＂morals be chief and penalty be supplement＂ since the Han Dynasty. Depending on the guidance of the theory of comprehensive governance by Li, Yue, Politics and penal law, the West Zhou Dynasty realized the effective governance over the whole society. The Book of Odes also reflected the legal systems in the West Zhou Dynasty from many angles and aspects. The West Zhou Dynasty had established a complete set of legal systems in compliance with the rule of Li. The abundant materials and examples in The Book of Odes had written footnotes for the developing history of the laws in the Zhou Dynasty.

关 键 词：《诗经》 西周春秋法制 中国法律思想史 

分 类 号：D929[政治法律—法学]