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关于“法与理”的话题一直就是人们争论的话题,中国自古以来就是法重于理的,但是随着社会的不断发展,人们多元化的价值观的不停的变化,人们开始重新理解理性对于刑法的意义,对于社会道德不断变化也在不断地进行着重塑,因此,在现代这样一个社会急剧变迁、思想多元化的时代,需要我们更加注重理性的作用,以找到这两方面的平衡点,达到社会的平稳和安定。本文将会对我国古代的各种刑罚做一个简单的回顾,对理性思维进行有关自身的一些思考,理性之于刑法的作用和意义,以及在现实的例子中,我们将如何人运用理性正确看待客观事件。
The topic of “law and reason” has always been the subject of debate. Since ancient times, China has been focusing on the theory of law. However, with the continuous development of society and the continuous changes in people’s diverse values, people began to re-understand The significance of rationality to the criminal law is constantly being reshaped for the ever-changing social morals. Therefore, in such an era of rapid social changes and pluralism of thought, we need to pay more attention to the role of reason in finding out these two aspects Balance point, to achieve social stability and stability. This article will make a brief review of various ancient punishments in our country, make some rational thoughts about themselves and their functions and meanings in the criminal law, and how to use rational reasoning Objective events.