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《商君书》中丰富的法思想通过“法”、“刑”二字得以直接呈现,集中表现为作者对“法”与“刑”两者的内涵和特征阐述。“法者,刑也”的中国古代法定义使得法与刑两者的差异性在字面上被忽略,极易造成人们对中国古代法即刑,刑即法的认识误区。虽然“法”具有浓郁的刑罚气息,但“法”并不完全等同于“刑”。“法”作为国之权衡,以刑赏二者为举措,最本质的特征乃在于其评价性功能。
The rich thoughts of Fa in Shang Shang Shu are presented directly through the characters of “law” and “punishment”, focusing on the author’s connotation and characteristics of both “law” and “punishment” Explain. The definition of ancient law in China also makes the differences between law and punishment literally ignored, which can easily lead to people’s misunderstanding of the ancient Chinese law, that is, punishment and punishment. Although “law ” has a strong criminal atmosphere, “law ” is not exactly the same as “punishment ”. “Law ” as the trade-off between the two countries to take the punishment as the measure, the most essential feature lies in its evaluation function.