CAJ | 학술논문

中国古代专制主义统治下，以国家为庶民利益的总代表，因而雏护国家利益重于私人利益．加上家族本位的社会结构以及特定的文化背景，决定了中国古代重公权轻私权，重刑事轻民事，因而历代法典均为刑法典，从而使刑事立法达到了很高的水平。古代犯罪的特征是由古代刑法所规定的，因而古代犯罪特征的规范已经达到相当成熟、全面的地步。
중국고대전제주의통치하，이국가위서민이익적총대표，인이추호국가이익중우사인이익．가상가족본위적사회결구이급특정적문화배경，결정료중국고대중공권경사권，중형사경민사，인이역대법전균위형법전，종이사형사입법체도료흔고적수평。고대범죄적특정시유고대형법소규정적，인이고대범죄특정적규범이경체도상당성숙、전면적지보。
In ancient China, state＇s interest was the chief representative of common people＇s interest, so defending national interest is more important than defending private interest, as well as the social structure of family essence and the particular culture background, which decided that the ancient China valued public power more than private rights, and valued criminal law more than civil law. Therefore, all past codes were penal codes, which made criminal lawmaking to reach a very high level. Because the characteristics of crime in ancient China were stipulated by the ancient penal codes, the norm of ancient crime＇s characteristics has already reached a considerably mature and complete standard.