《어정주서분류(御定朱书分类)》에 담긴 주희(朱熹)의 형법사상에 대한 몇 가지 문제 고찰
Several Issues of Zhu Xi’s Penal Thought as Reflected in Imperially Commissioned Classified Works of Master Zhu
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≪御定朱书分类≫卷十一≪治道≫篇辑录朱子相关语录文集文献, 不仅是朱熹刑法法律思想精髓的体现, 同时也突出反映了朝鲜朝官方法律思想倾向｡ ≪御定朱书分类≫所涉及的“轻刑”“恤刑”“狱官”“狱政”等问题, 反映了朱子理性轻刑与恤刑的平等法律观, 体现了其治狱在人、明谨用刑而不留狱、原情定罪等公平公正司法原则｡ 这些思想是朱熹治国安邦刑法思想的重要内容｡
Abstract
Volume 11, “On Governance,” of the Imperially Commissioned Classified Works of Master Zhu compiles Zhu Xi’s related sayings and writings. It not only embodies the essence of Zhu Xi’s penal and legal thought, but also highlights the inclination of Chosŏn dynasty’s official legal ideology. The issues addressed therein—such as “lenient punishment,” “humane punishment,” “judicial officials,” and “judicial administration”—reflect Zhu Xi’s rational view of equality in applying leniency and compassion in punishment. This also demonstrate his principles of justice in handling legal cases: respecting human life, exercising caution in punishment, avoiding prolonged detention, and determining guilt with regard to circumstances. These ideas constitute an important component of Zhu Xi’s penal philosophy for governing and stabilizing the state.