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人教社高中第六册课文司马迁的《报任安书》中“刑不上大夫”句,课文注释仅指明出处,未对句意进行解释,配套的教师用书把这句翻译为“对大夫不能用刑”。而不少人因不明古代刑罚之制,再加以受教师用书的误导,认为“刑不上大夫”就是大夫犯了罪也不受刑罚,是一种免罪特权。这种解释,曲解了原义,离“刑不上大夫”本义甚远。“刑不上大夫”语出《礼记·曲礼》:“礼不下庶人,刑不上大夫,刑人不在君侧。”东汉人郑玄注为:“不与贤者犯法,其犯法则在八议,轻重不在刑书。”唐人孔颖达认为:“刑不上大夫者,制五刑三千之科条不设大
In the sixth grade of the senior high school school of the People’s Education Society, Ma Qiang’s “Reporting Ren An Shu” in the sentence “The sentence is not on the doctor’s sentence”, the text notes only indicate the source, and the meaning of the sentence is not explained. The supporting teacher’s book translates this sentence into ” The doctor can’t use punishment.“ Many people have been misled by teachers’ books because of the uncertainty of the ancient penalty system. They believe that “the punishment is not on the doctor” means that the doctor has committed crimes and is not subject to criminal punishment. This is a kind of privilege. This interpretation misinterprets the original meaning and is far from the original meaning of ”not being able to punish the doctor.“ ”The punishment is not on the doctor’s words“ ”Book of Rites song ceremony“: ”“The ceremony is not under the monks, the punishment is not on the doctor, the criminal is not on the side of the king. ” Dong Han Zheng Xuan Note: “Without the Sage When he breaks the law, his crimes are in the Eight Opinions, and the severity is not in the punishment.” Tang Ying of the Tang Dynasty believes: "If the punishment is not on the doctor, the section of five thousand punishments will not be established.