對現行刑法中的儒敎性規定的考察

Punishment is the strongest means adopted by the law to protect legal interests. Humans use criminal law to protect the interests of the state and society and maintain social order. Western modern law contributes to human dignity as a universal human being and human freedom as an individual, but takes a free-spirited attitude as "being" in human relationships. Perhaps Confucian culture is interfering with modernization, but our lifestyle is largely governed by Confucian norms. In that sense, it is necessary to discuss Confucian norms from a legal perspective. This article investigates the Confucian regulations that appear in the current criminal law. The criminal system should focus not only on exercising the nation's criminal authority over criminals, but also on restoring victims' rights and restoring relationships between victims. Confucianism is determined by mutual relationships, and the source of this relationship determines individual rights and obligations. Traditional Confucianism is for punishment. Therefore, this kind of regulation seeks specific requirements for the universality of defining types of crimes and the legal effectiveness of criminal elements and criminal laws. The review of traditional regulations can lead to clues that meet the relevant legal interpretation and sentencing criteria.