History of Penalty
History of Penalty (Novel)
Other Name: 刑罚的历史, The history of punishment
Genre: novel, History
Author: Luo Xiang
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China’s punishment began in ancient times, has experienced changes of the times, and has gone through the evolution of dynasties. The earliest penalties were mainly for restraining people’s behavior. With the development of imperial power, penalties became a means for emperors of various dynasties to protect their rights. The development of Chinese law is a long process, and it is also the development process of people from the barbaric age to civilization.
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The old five punishments were extremely barbaric and cruel. The note of “Zhou Li·Qiu Guan·Sexing” reads: “Mo, tattoo. First facet, suffocate it with ink.” “劓, cut off the nose.” “Cut, break the foot. Zhou Gaiying makes a cut.” In the palace, the husband cuts off his power, and the woman stays in the palace.” Da Pi used many incredible methods to kill people.
In addition, in order to maintain the rule of the ruling class, the rulers also invented countless more severe punishments, such as the “Han Shu·Criminal Law” records: “Lingyi as far as the Warring States, Han Ren Shenzi, Qin Yong Shang Yang, the law of sitting together , To punish the barbarian, increase the corporal punishment, and open up the punishment of smashing, threatening, and cooking.”
The early Han Dynasty also followed the Qin system, “At the beginning of the Han Dynasty, although there were three chapters about the law, the outline leaked the fish that swallowed the boat, but it was large, there was still the order of the Yi tribe. Cut the left and right to the end, slay it, smash its head, smash its flesh and blood in the city. It slanders the curse, and then breaks the tongue first. It is called five punishments.” The cruelty of his punishment is not inferior to that of Violent Qin.
In the thirteenth year of Emperor Wen of the Han Dynasty (167 before), Emperor Wen issued an edict to abolish corporal punishment, and history finally ushered in a turning point. The emperor Wen issued an edict and said: “The one who is a tattoo, the tongs are the city dan claws; the one who behaves, the scorpion is three hundred; when the one who cuts the left stop, the scorpion is five hundred.” This is an epoch-making change in the history of Chinese punishment. The old five-penalty system that has been clamoring over it is declining, although the process is still extremely long.
The second stage is the stage of the new Five Penalties of the feudal system from formation to decline.
Emperor Wen’s abolition of corporal punishment laid the foundation for the development of the new feudal five punishments. Although there was no lack of controversy about the preservation and abolition of corporal punishment afterwards, in general, the old corporal punishment of slavery was at the end of the day. With the development of politics and economy, the feudal five punishments gradually developed and matured.
In the Northern Qi and Northern Zhou Dynasties, the germination of the new Five Penalties appeared. The Penalties of the Northern Qi Dynasty were: rod, whip, imprisonment, flow, and death. The Five Penalties of the Northern Qi Dynasty: rod, whip, penalties, flow, and death, and corporal punishment was basically eliminated.
The re-establishment of the unified situation in the Sui and Tang Dynasties provided an opportunity for the completion of the new five punishments. The “Law of Kaihuang” of the Sui Dynasty formally established the new five penalty system of gauntlet, rod, imprisonment, flow, and death. This is a penalty system based on physical punishment and life punishment.
“The penalty has five names: one is the death penalty, two, strangling, and cutting. Three death sentences, one thousand li, one thousand five hundred li, two thousand li. Those who deserve to be matched, one thousand li stay for two years, one thousand five hundred li stay Worked for two and a half years, lived for two thousand miles and worked for three years.
Should live in the author, the third-rate jury has served for three years. Near-liu plus one hundred rods, first class plus thirty. Third is five imprisonment, one year, one and a half years, two years , Two and a half years, three years. Four is five, from sixty to one hundred. Fifth is five, from ten to fifty.” The Tang Dynasty inherited the Sui system, and this system was fully developed and continued until the end of the Qing Dynasty.
As the feudal system went from prosperity to decline, the new feudal five-penalty system lasted for more than a thousand years and gradually declined. After the Tang Dynasty, the Song, Yuan, Ming, and Qing dynasties all faced serious internal and external troubles. Class contradictions and ethnic contradictions were intertwined. Therefore, centralized authoritarianism was intensified, and severe punishment began to rise.
Although the new five-penalty system was still used, some The abandoned corporal punishment system has revived again (such as the method of stabbing in the Song Dynasty), and even some more severe methods of torture have begun to appear. Its famous example is the widespread use of the punishment of Ling Chi. In the Song Dynasty and later dynasties, Ling Chi was used as a legal punishment. This kind of punishment once returned to a “barbaric” state. The once-advanced five-penalty system is becoming more rigid and backward, and gradually abandoned by the times.