东 晋成帝时,长史邵广盗窃了国库 里的帐幔,朝廷中执掌司法的廷尉认为 应处以极刑。 邵广有两个儿子,大的十三岁,小的 十一岁,十分孝顺,他们乞求朝廷法外开 恩,情愿自己到官府做奴仆,以换取父亲 不被杀。 廷尉为两孩童的孝道所感动,提出 将邵广的死罪改为五年刑,两个儿子罚 作官奴。认为这样既惩罚了罪犯,又让天 下人知道朝廷提倡仁孝。但这只作为一 个特殊情况,不能作为以后判案的先例。 尚书右丞范坚对此坚决反对。他认 为,刑罚的目的是为了惩罚罪犯,判处罪 犯死刑,并不只是为了杀掉一个人,更重 要的是教育百姓。范坚说:“尽管朝廷有 时也下令施恩赦罪,宽大处理一些罪犯, 可是却没有因为同情怜悯谁而取消了典 刑的。而且,这次准许了邵广儿子的请 When the Eastern Jin Dynasty became Emperor, Shao Guangsheng stole the draperies in the treasury and the court officer in charge of justice demanded that he should be sentenced to death. Shao Guang has two sons, a 13-year-old, a 11-year-old, very filial. They beg the court for extramarital relief and are willing to serve themselves as slaves to the government in exchange for not killing their father. Ting Wei was moved by the filial piety of the two children and proposed that Shao Guang’s death penalty should be changed to five years and that the two sons should be punished as official slaves. I think both punish the criminals, let the world know that the court advocates Renxiao. However, this is only a special case and can not serve as a precedent for future judicial decisions. Fan Cheng right right school firmly opposed to this. He believes that the purpose of punishment is to punish criminals, sentenced criminals to death, not just to kill a person, more importantly, to educate people. Fan Jian said: ”Although the court sometimes ordered the granting of grace forgiveness, generous deal with some of the criminals, but not because of sympathy and compassion for the abolition of the criminal sentences.Moreover, this allowed Shao Guang son please