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法律学说自夏代兴起后,随着政治经济的变化而不断发展,对司法审判起了重要作用。汉代以后,儒家学说受到统治者的推崇,逐渐确立了自己的正统地位。在司法审判中儒家学说强调人治的作用,引《春秋》决狱,并以儒家纲常作为司法审判的原则,同时依照“明德慎刑”的思想建立了法官回避制,法官责任制等好的制度。对法律学说的研究不仅对了解古代司法审判有重要作用,对现代的司法审判也有重大意义。
Since the rise of the law in the summer of the year, the legal doctrine has evolved with the political and economic changes and has played an important role in judicial trials. After the Han Dynasty, Confucianism was respected by rulers and gradually established its own orthodox position. In judicial trial, Confucianism emphasizes the role of rule of man and leads the “Spring and Autumn” prison. Taking Confucianism as the principle of judicial adjudication, Confucianism has established the system of avoidance of judges and the responsibility of judges Good system. The study of legal doctrine not only plays an important role in understanding ancient judicial adjudication, but also has a great significance in modern judicial adjudication.