漢譯《根本說一切有部律》波羅夷、僧殘篇之研究 ──以中華民國刑法分則編為核心=A Study on the Chinese translated 《Mūlasarvāstivāda》pārājika, saṁghāvaśeṣa,Based on the Criminal Law of the Republic of China
This paper is based on《Mūlasarvāstivāda》, Articles: pārājika, saṁghāvaśeṣa. Buddhist monks are bound by precepts; the main Five Precepts being in this order: abstaining from the act of harming living beings, stealing, sexual misconduct, lying, and intoxication. In the Five Precepts, abstaining from sexual misconduct is priority, followed by abstaining from stealing, harming living being, lying, and intoxication. The layout of this paper will begin with the first section giving a general introduction followed by the second section beginning the discussion and their relationships starting with the precept of abstaining from sexual misconduct and will continue on vice versa. The second section「不淨行學處」: will primarily focus on the different views and standpoints that male monks and Buddhists nuns have of the precept of abstaining from sexual misconduct. Male monks view this percept as the initiation of sexual misconduct while Buddhists nuns view this percept as how to prevent sexual misconduct. On the contrary, how male monks prevent themselves from conducting sexual misconduct and the preemptive actions Buddhists nun take to prevent sexual misconduct from happening to them will be discussed to how they directly relate to the criminal law of offense to sexual autonomy and offense of personal liberty. The third section「不與取學處」: will focus on the precept of abstaining from stealing, the criminal law of offense of larceny, offense of abrupt taking, robbery, and piracy, offense of criminal conversion, offense of fraudulent, breach of trust, taking and usury and will discuss what their direct relationships are. Also in discussion is when「五磨灑」was used as a benchmark in deciding the death sentence two thousand years ago while today in the 21st century, how much the「五磨灑」benchmark is worth and calculated is up to debate. The fourth section「斷人命學處」: focuses on all the direct relationship in this section on murder, the direct and indirect relation with inflicted injury, criminal law of offense of homicide, offense of desertion, offense of abortion, and offense of causing bodily harm. The fifth section「不妄語學處」: focuses on the differences between how Buddhist monks and the general public view the precept of abstaining from lying. This section will also focus on the precept of abstaining from lying from the Five Precepts that all monks must mandatorily follow which are: not lying, no foul mouthing, not fabricating, and not twisting the truth. This section will also discuss the precept of abstaining from lying and its relationship to the criminal law of offense of reputation and credit, offense of perjury and malicious accusation, and offense of forging instrument or seals. The sixth section「不飲酒學處」: will focus on how Buddhist monks do not include the precept of abstaining from intoxication in the Articles: pārājika and saṁghāvaśeṣa but rather include them in the Articles: pāyattika. Although abstaining from intoxication is stated in the Five Precepts, the general public do not see intoxication as a guilty crime, s
