「唐律」中的量刑制度及其歷史貢獻

Tang Dynasty's Sentencing System and Its Historical Contribution

封建時代的慎刑思想由來已久，自漢代以降形成的德主刑輔」綿亙至唐律，逐漸演變成寬仁的量刑指導思想。基於這一指導思想，唐律中的量刑制度完成了從無序化與重刑化」到統一化與寬緩化」的轉變。量刑寬緩化的核心在於務在恤刑，量刑從寬」和寬嚴俱平、訴求公允」，而量刑統一化的要義在權衡輕重，同符畫一」和明正賞罰，一斷以律」。為此，唐律中量刑基準等之建構，首開人類量刑精確化先河，在量刑制度史上佔有獨特的地位。Feudalism cautious punishment thought has a long history. The 'morality guiding and punishment supplementing', which has been formed since Han Dynasty Based on this guiding ideology, Tang Dynasty's sentencing system has realized the transformation from 'disorder and penalty heavily' to 'unification and relief'. The core of the relieved sentence is 'devoting to sentencing cautiously, sentencing leniently' and 'tolerating and chastising impartially, appearing fairly'. The main idea of the unified sentencing is 'weighing up the matter carefully, integrating standards of sentencing' and 'rewarding and punishing explicitly, appealing fair and just'. Therefore, viewing from the establishment of the sentencing criterion and so on, Tang Dynasty has pioneered the standardized sentencing in human history, and played a unique role in the history of sentencing system.