“莫诚案”中柳宗元矛盾处境的法理分析

莫诚案是发生于唐代柳宗元任柳州刺史期间的一桩“斗杀”案，柳氏在《柳州上本府状》中认为人犯莫诚依法当死，于情却罪不至死。从报应刑主义的视角重新审视本案，对唐律及其法律适用进行分析，最终认为，作为本案裁判官的柳氏在处理该案时的矛盾，是奉行具体刑主义和严格“罪刑法定主义”的唐律的自身逻辑使然。

Jurisprudence of Liu Zong-yuan's Dilemma in Mo-cheng Case

Mo-Cheng case was a case of fighting to kill which occurred during Liu's term in Liuzhou in the Tang Dynasty.In Liu's report,Mo-ching should be forgiven according to plot while he was obliged to a death penalty according to law.From the perspective of retributive punishment doctrine and the analysis of the Tang code and the case,it is concluded that Liu's dilemma is caused by the inconformity between the laws.According to Tang Code,on the one hand,a specific criminal is judged from a specific occasion,and o...