天主教會現行法典之立法原則、內容與發展初探

一般而論，教會給人的形象是一個「愛」的團體，誠如耶穌基督在福音中的教導：「我給你們一條新命令：你們該彼此相愛；如同我愛了你們，你們也該照樣彼此相愛」（若望福音十三章34節）。耶穌的這項命令，所衍生出來的效果非常廣泛，它不只是為人處世的基本規範，甚至連刑法中有關於懲罰的條款，都充滿了天主的慈愛，及對真心悔改者的寬容接納。正如許多國家的法典一樣，天主教法典是在二十世紀初正式頒佈的。《天主教法典》（Canon law）是一本由教會團體所制定的法律書，其特色在於以神的啟示、聖經的教導及教會的傳承為主要骨幹，也可說是具體法律條文之上的最高指導原則。本文的內容，對本地或華文讀者而言，也許有不易理解之處，畢竟教會有些專有名詞及行之有年的習慣，非三言兩語可以解釋清楚。但是讀者或多或少可看出，有關天主教會的信仰與倫理法則的規範。在歐洲法治史上，教會法典曾佔有相當重要的地位，也有舉足輕重的影響力。今日教會的勢力雖不比昔日，尤其在倫理道德規範方面，與現代社會的觀點有極大的差異，但是天主教會的教導，始終被視為該範疇的指標。而這項指標的具體規範及其精神，確實展現於這部法典中。誠如法典第一條所述：本法典專為拉丁天主教會所制定，非常明確地指出是給天主教徒所訂立的法規；故此，這本法典的目的是積極地協助天主教徒，以耶穌基督為榜樣，善度信仰生活，執行並分擔教會的傳教使命；同時也鼓勵信徒應按照個人自己的身分，在自己的職務上，以福音精神浸潤至現世事務的秩序中，為基督做見證。

關鍵字

聖經；天主教會；教會法典；聖統制；教會訓導職務

並列摘要

Generally speaking, our first impression of the Church is a group of people committed to loving one another, following Jesus' instruction in scripture when he said: I give you a new commandment: love one another. As I have loved you, so you also should love one another.＂ (John 13:34). This new commandment has extensive repercussions for our world. It has not only become the foundation of moral norms, but has also provided a standard for personal conduct as well. One can even find its effect in the criminal law system, which tends to favor rehabilitative rather than punitive justice, especially when criminals show signs of truly amending their lives. The Catholic Church's Code of Canon Law, like the statutes of many legal systems throughout the world, was promulgated in the early 20th century. While Canon Law was drafted by a special commission in the Catholic Church, it is nonetheless solidly based on Revelation, (i.e. Scripture and sacred tradition) which constitutes its highest guiding principle. This dissertation may be a little difficult to understand for the Chinese reader. There are many special terms which have been developed in the course of time, which might require further explanation. However Chinese readers can deduce much about the principles of faith and the moral teachings which the Church embraces and promotes. Throughout its entire history, Canon Law has exercised a very powerful influence on the legal system of Europe. In recent decades, the influence of the Church has been waning, with the result that Church teaching is often firmly at odds with the moral norms of society. Nevertheless, the guidance offered by the Church should always serve as a reference point for the law. Above all, the spirituality and the standards or norms of the Catholic Church are truly reflected in the Code of the Canon Law. Can. 1 states: ＂The canons of this Code affect only the Latin Church.＂ This means the Code explicitly points out that it applies to those Catholics under the auspices of the Holy See. The purpose of Canon Law is to render them the greatest assistance possible in order that they can follow Jesus faithfully. Its goal is that Christian faith will be reflected in the conduct of believers, and it guides Catholics as that they attempt to live out their shared responsibility to preach and spread the Good News of the Gospel. At the same time, Catholics on the basis of their own personal identity, their way of life and their personal testimony are encouraged to become missionaries, fostering Gospel values in the world and bringing about real transformation to establish the Kingdom of God.