“王子犯法与庶民同罪”的法 文化探析

“王子犯法与庶民同罪”是中国古代社会自给自足的小农经济、“大一统”的政治体制、以儒家为代表的“重民”思想和法家“一刑”思想发生发展的产物。它既是“庶民”“无奈”的政治诉求 ,也是封建君主所着力营造的氛围 ,其目的在于维护“君”的利益和统治 ,而非“庶民”的基本权利。“君”的例外以及各级官僚和贵族仿而效之 ,使得“王子犯法与庶民同罪”不可能真正得以贯彻

An Analysis of Law Culture That "A Prince Who Commits A Crime Will Endure the Same Penalty as A Plebeian Does

The concept of law culture that "A prince who commits a crime will endure the same penalty as a plebeian does" was originated in the self sufficient small scale peasant economy in ancient Chinese society, in the political system of "centralization of state power" and in "the recognition of plebeian interests" on the part of Confucianists and "the same penalty to criminals no matter who they are" advocated by Legalists. Such a concept meant to maintain the interests and the reign of the monarch rather than the basic rights of plebeians. The right of immunity enjoyed by a monarch and later given to bureaucrats and aristocrats prevented the ideal concept from coming into reality.