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明律与唐律比较,何为“重其所重,轻其所轻”?

问答题
2022-04-02 12:15
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正确答案
明律与唐律相比,体现了“重其所重,轻其所轻”的量刑特点。(3分)所谓“重其所重”就是对直接危害统治和社会秩序的“贼盗及有关帑项钱粮”等犯罪,处刑都较重,如对“十恶”等罪明律扩大了适用范围。所谓“轻其所轻”即对诸如“典礼及风俗教化”等一般性犯罪,量刑则比唐律轻。(4分)这既是社会商品经济发展的客观影响,也是统治者经验积累的结果。这种“轻其所轻”不仅突出了“重其所重”的效力,也起到了缓和社会矛盾的作用。(3分)

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