试论铸刑鼎的批判观点和历史意义  

On the Critical Viewpoint and Historical Significance of Casting a Tripod for Punishment

作　　者：周乾 

机构地区：[1]湘潭大学法学院,湖南 湘潭

出　　处：《历史学研究》2023年第3期149-155,共7页Open Journal of Historical Studies

摘　　要：春秋时期,周王室衰微,无力控制各诸侯国的相互征伐和兼并,政治失序加剧,阶级和社会矛盾空前激化。铁器牛耕的应用以及人口的增加,带来生产力的快速发展和生产关系的变革,周王朝推行的井田制逐步瓦解。伴随着新的生产关系和分配方式的出现,新兴地主阶级兴起,土地以及其他生产资料的权属和流转争讼激增,但当时贵族垄断法律,成文法仍处于“秘密状态”,无法定分止争,反而加剧了冲突,因此公布成文法的活动被推上历史舞台。郑国铸刑书于鼎与晋国铸刑鼎是中国古代公布成文法的重要事件,但都遭到了激烈的批判。叔向对郑国铸刑书于鼎提出了尖锐的批评,认为铸刑书改变了传统的社会控制模式,将引起民众的争斗之心,造成社会混乱和司法腐败。孔子则批判晋国铸刑鼎,认为铸刑鼎打破了贵族对法律解释的垄断权,并且将统治集团政治失序的局面公开化,进一步加剧了社会秩序的崩塌。二者观点都具有合理性,但都因保守色彩过于浓厚,不符合当时大变革、大动荡时期的现实要求,而公布成文法是不可逆转的历史潮流。铸刑鼎对后世具有广泛且显著的历史意义,其促进了法治的萌芽以及发展,推动了法令统一、民族融合以及执法监督的发展。不仅如此,铸刑鼎还为法律服务以及法学研究的发展提供了有利条件。During the Spring and Autumn period, the Zhou dynasty declined and was unable to control the mutual conquest and annexation of various vassal states. Political disorder increased, and class and social conflicts intensified as never before. The application of iron cattle farming and the increase in population brought about a rapid development of productivity and a reform of relations of production, and the well-field system implemented by the Zhou dynasty gradually collapsed. With the emergence of new relations of production and distribution, the emerging landlord class rose, and disputes over the ownership and circulation of land and other means of production surged. However, at that time, the aristocratic monopoly laws and written laws were still in a “secret state”, unable to settle disputes, exacerbated the conflict. Therefore, the publication of written laws was pushed onto the historical stage. The casting of penal documents in tripod in Zheng State and the casting of penal tripod in Jin State were important events that published written laws in ancient China, but both were fiercely criticized. Shu Xiang had sharp words for Yu Ding, who threw a penalty to Zheng Guo. He believed that the casting penalty book, which changed the traditional mode of social control, would cause people to fight among themselves and lead to social chaos and judicial corruption. Confucius criticized the casting of the death tripod in Jin, arguing that the casting of the death tripod broke the aristocratic monopoly on legal interpretation and brought the political disorders of the ruling group into the open, further intensifying the collapse of social order. Both views are reasonable, but both are too conservative and do not meet the practical requirements of the era of great change and turmoil, and the publication of written laws is an irreversible historical trend. The casting of the punishment tripod has broad and significant historical significance for future generations, promoting the germination and development of the rule

关 键 词：铸刑书 公布成文法 法治 社会秩序 

分 类 号：D92[政治法律—法学]