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复仇在古代社会及原始社会中是很普遍的一种现象。如何协调基于伦理关系而形成的“孝礼”和以国家统治为基础的“国法”之间的冲突,妥善协调好二者的关系是历代统治者难以回避的问题。唐代立法者基于德礼为政教之本,刑罚为政教之用的儒家思想,结合在当时社会业已形成的法律观念,就司法实践中的复仇问题及立法中的亲情与法律的冲突问题,引礼入律,为法律确立了一条解决礼与法、情与法冲突的模式。
Revenge is a common phenomenon in ancient society and primal society. How to coordinate the conflict between “filial piety ” based on ethical relations and “national law ” based on the state ’s rule and properly coordinate the relationship between the two is an issue that the rulers of all previous generations can not avoid. In the Tang Dynasty, the legislators based on the morality and morality as the basis of religion and religion and the Confucianism used for the punishment of religion, combined with the legal concepts that had formed in the society at that time, and on the issue of the revenge in judicial practice and the conflict between the affection and the law in legislation Etiquette, the law established a solution to the conflict between law and love, love and law mode.