古代判词
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读《判词经典:从上古到南宋》有感
Xin Lang Cai Jing· 2025-12-27 18:42
□ 王水明 古代判词,类似于今天的裁判文书,指的是古代司法官员在裁判案件时所撰写的判决文书或 裁判词。可以说,古代判词以简练而富有文采的语言,不仅用于宣布判决结果,还承担着阐释法理、教 育民众、维持社会道德秩序等功能。作为中国传统法文化的重要组成部分,古代判词中包含着古人对公 平正义的理解、释法说理的运用、法律论证的推演等,如能从中汲取营养,为当下法律文书改革提供有 益借鉴,或许是古代判词留给我们的重要法律遗产。读者若想了解古代判词,不妨去阅读我国审判业务 专家李广宇所著的《判词经典:从上古到南宋》(法律出版社2022年版)一书,相信一定可以感受到判 词世界里的法意、情理和智慧,并寻找到让我们为之惊叹、为之借鉴的重要线索。 书中,作者以我国 古代判词的历史发展为顺序,为我们赏析了从上古到南宋时期的经典判词,分析了不同朝代判词的特 点,解读了这些判词背后所反映的法制传统和法律文化。透过这些判词,我们见识了董仲舒、白居易、 元稹、苏东坡等名家的判词功力,见识了《甲乙判》《龙筋凤髓判》《名公书判清明集》等判词的风 采。受篇幅所限,笔者选取部分经典判词,以原文为对照、以分析为回应,开启一段"沉浸式"的阅读之 旅。 判 ...
判词之妙寸心知:古代“法庭裁判文书”中的绝妙好文
Bei Jing Ri Bao Ke Hu Duan· 2025-11-11 10:58
Core Viewpoint - The article explores the evolution and literary significance of ancient Chinese judicial writings, particularly focusing on the artistry of verdicts known as "判词" (judicial verdicts) from various historical periods, highlighting their cultural and legal importance [1][4][12]. Group 1: Historical Development - The earliest known verdicts date back to the late Western Zhou period, showcasing a blend of narrative and commentary [4]. - During the Tang Dynasty, the practice of writing verdicts became a means of showcasing literary talent, with a focus on stylistic beauty and rhetorical techniques [4][5]. - The Song Dynasty marked a shift towards more straightforward language in verdicts, breaking away from the rigid parallelism of earlier styles [7][8]. Group 2: Notable Examples - A famous Tang Dynasty case involved a divorce where the judge, Yan Zhenqing, crafted a poignant verdict that combined literary flair with moral lessons, setting a precedent for future judicial writings [5]. - In the Song Dynasty, Wang Hui's use of prose in verdicts represented a significant departure from traditional forms, allowing for more expressive and relatable language [8]. - The Ming and Qing Dynasties saw a flourishing of verdicts as literary works, with officials like Fang Guozhen and Yu Chenglong producing notable examples that blended legal reasoning with poetic expression [12][15]. Group 3: Cultural Significance - The article emphasizes that these judicial writings are not only legal documents but also cultural artifacts that reflect the values and aesthetics of their time, contributing to the broader literary heritage of China [12][15]. - The integration of moral teachings and literary beauty in verdicts illustrates the dual role of judges as both legal authorities and cultural figures [5][12].
判词之妙寸心知
Bei Jing Wan Bao· 2025-11-10 07:55
Core Viewpoint - The article explores the literary and historical significance of ancient Chinese judicial writings, particularly focusing on the beauty and depth of 判词 (judicial verdicts) from various dynasties, highlighting their role in blending legal reasoning with literary expression [1][4][10]. Group 1: Historical Development of 判词 - The earliest 判词 can be traced back to the late Western Zhou period, showcasing a blend of narrative and commentary [4]. - During the Tang Dynasty, 判词 evolved to emphasize literary quality, with officials like 颜真卿 producing renowned verdicts that combined legal judgment with poetic expression [5][6]. - The Song Dynasty marked a shift towards plain language in 判词, breaking away from the rigid parallelism of earlier styles, as exemplified by 王回's innovative use of prose [6][10]. Group 2: Notable Examples of 判词 - 颜真卿's verdict in a divorce case is celebrated for its eloquence and moral reasoning, serving as a model for future judicial writings [5][11]. - In the Song Dynasty, a case involving a minor theft was resolved with a succinct and impactful verdict that highlighted the cumulative nature of small thefts, demonstrating the cleverness of the judge [7][8]. - The Ming and Qing Dynasties saw a flourishing of 判词, with officials crafting verdicts that were not only legally sound but also artistically rich, such as 方国珍's poetic judgment in a case involving a monk [10][11][12]. Group 3: Cultural and Literary Significance - The 判词 of ancient China are considered treasures of both legal culture and literary heritage, reflecting the intellectual and artistic achievements of their time [13]. - The blending of legal reasoning with literary aesthetics in 判词 serves to educate and influence societal values, making them exemplary works of moral and cultural instruction [5][12][13].