Traditional Culture Encyclopedia - Traditional culture - Five punishment refers to the ancient five kinds of punishment?
Five punishment refers to the ancient five kinds of punishment?
The five penalties were created by the ancient idea of the five elements, and the five penalties in the pre-Qin period included ink, wakes, amputation of limbs (also known as pho), palace and dapai. Therefore, in ancient China, the five pre-Qin punishments were interpreted in this way: "Fire can change the color of gold, so the ink to change its flesh; gold can restrain the wood, so the amputation of limbs to remove its bones and joints; wood can restrain the earth, so the wakes to remove their noses; the earth can plug the water, so the palace to cut off their lust; water can extinguish the fire, so the big pave in order to cut off their lives."
Mo, also known as tattooing, tattooed words on the face or forehead of the condemned person and dyed them with ink, leaving a dark-colored scar when the injury healed. Ying Bu, also known as Qing Bu, who was one of the three most famous generals of the early Han Dynasty, along with Han Xin and Peng Yue, during the Chu-Han dispute, was tattooed because he had been subjected to the Qin law.
Wakes cut off the nose penalty. It is heavier than the ink penalty and lighter than the amputation of limbs. Originating in Xia, it was widely applied during the Zhou Dynasty. In the Warring States and Qin Dynasty, it was used in combination with other punishments. In the early Han Dynasty, wakes were also used. Emperor Wen of Han Dynasty removed corporal punishment and replaced wakeskate with flogging. But until the North and South Dynasties, wakes were still used occasionally. After the Sui dynasty, wakes were not found in the penal code, but only in the early Jin dynasty, for the redemption of serious crimes (see redemption), the nose or ears are still cut off, so as to distinguish it from the general public.
Amputation, summer called Bin, Zhou called amputation, Qin called chopping off toes. The left foot, right foot or both feet of the punished person are cut off. There is another saying that Bin is to remove the kneecap. About the punishment of amputation, people don't say the same thing. Some say it is to cut off all below the knee, others say it is to cut off the kneecap, the latter is more credible. Anyway, amputation is a torture similar to amputation. During the Warring States period, Sun Bin was framed by his senior brother and suffered amputation. I heard that his name was originally Sun Bin, but after he was tortured, he changed it to Sun Bin. If the kneecap is cut off and the protection between the thigh and calf is lost, the person may not even be able to stand up, so the barnyard history says that after Sun Bin was tortured, he couldn't even ride a horse when he went into battle and had to ride a cart (horse-drawn carriage or rickshaw).
The Palace, also known as the Lustful Punishment, the Corruption Punishment, and the Silkworm Room Punishment. At first, it was to punish those who had committed lewd acts, but later, those who were sentenced to this punishment had nothing to do with lewdness. Palace punishment is one of the five punishments second only to the death penalty. In the Eastern Han Dynasty, it was once used as a commutation of a capital offense. The most famous person in history who was subjected to palace punishment was Sima Qian, who left behind the Book of Reporting Ren'an to describe his own punishment.
Da Pai, the death penalty. Before the Qin and Han dynasties, there were many kinds of executions, such as killing, cooking, car-cracking (splitting the body of a horse into five parts), lording (hanging the head after beheading and showing it to the public), abandoning the city (beheading the head in the downtown area and then leaving the body in the public), hanging, and leng chi (also written as ling chi), etc. The death penalty for slaves was also known as dapai.
The five punishments of slavery were barbaric, immoral, and intentionally damaging to the victim's body. During the Spring and Autumn and Warring States period of Qi State Jinggong abused the amputation punishment, countless people were cut off the foot, so that the Linzi city market appeared a very strange phenomenon, the shoes are very cheap, can not be sold, the fake foot is very expensive, but can not be purchased, called "Plenty of expensive Crawl cheap". The brutality of slavery was evident.
After entering the feudal society, slavery corporal punishment began to be gradually abolished, from the beginning of the Han Dynasty, Emperor Wenjing abolished corporal punishment, to flogging, canes instead. Although to the end of the Han Dynasty corporal punishment is not really abolished, but the traditional system of five punishments has begun to change, through the Wei, Jin, North and South Dynasties, there are constantly on the abolition and restoration of corporal punishment of the controversy, and the original five punishments are repeatedly changed to determine. To the Sui and Tang dynasties, since the Shang and Zhou slavery system of punishment, finally for the freedom of punishment based on the feudal system of punishment replaced, until the Ming and Qing Dynasty, followed the unchanged.
The five feudal penalties of flogging, caning, imprisonment, exile, and death were initially embodied as a system of penalties in the Sui Kaihuang Laws, and then further improved by the Tang Laws (Wude Laws and Yonghui Laws), which marked a significant advance in China's penal system.
In the Five Feudal Penalties, flogging is the punishment of beating, using bamboo boards or thorns to beat the spine or buttocks and legs of the prisoner. Flogging has been widely used in the slave society. Qin law has "flogging ten", "flogging fifty" provisions. When Emperor Wen of Han Dynasty removed corporal punishment, flogging was used to replace corporal punishment. When Emperor Jingdi of the Han Dynasty, the punishment of flogging was too heavy, and the flogging was reduced from 500 to 300. Later, he changed the punishment from 300 to 200, and finally reduced it to 100. At the same time, the "flogging order", the provisions of the bamboo instead of the small Jing, flatten its section; flogging buttocks, not to change the executioner. Wei and Jin dynasties, women were flogged by flogging back. North and South Dynasty caning, in fact, that is, after the Sui flogging, and more as a sentence of exile, imprisonment, the number of additional punishment, the number of 200 below, the number varies. Sui changed the whip to flogging, divided into five levels, and can be used for copper redemption. The Tang followed the Sui system, and stipulated that the victim's legs and buttocks should be divided, and also allowed those who voluntarily divided their backs and legs to be flogged. Song along the Tang system, also divided into five flogging, but allowed to flog the buttocks folded cane, flogging fifty people folded buttocks canes eleven. Liao no caning, but there is a wooden sword, stick back, similar to caning. Jin old system, minor offenses flogging with willow. Yuan dynasty flogging six and so on. Ming and Qing flogging inherited from the Tang and Song system, divided into five, can be redeemed.
Cane, twisted with thick thorns, with a large bamboo board or large thorns torture prisoners spine buttocks and legs of the punishment. The origin is very early, "Shangshu - Shun Dian" on the "whip as the official punishment" record. Han, Wei, Jin have a whip and cane punishment. To the North and South Dynasties Liang Wu Di when the cane in the book of punishment. The Northern Wei Dynasty began to whip the sentence and punishment, imprisonment, exile, death penalty, as one of the five punishments. Northern Qi, Northern Zhou followed the Wei system, according to the number of canes, and are allowed to gold ransom. Sui dynasty abolition of the whip, instead of the cane; another set up flogging, in place of the original sentence of the cane. Anyone who commits a crime heavier than fifty flogging, then into the caning. Tang dynasty canes with Sui. Tang law, the staff are cut off the program; decided to cane, back, legs, buttocks, respectively. Song along the Tang system, also divided into five levels, and the cane as an additional sentence. Liao, Jin and Yuan also have provisions for caning. Ming and Qing canes according to the Tang and Song system, to the end of the Qing Dynasty, canes abolished.
Apprenticeship, the penalty of forced labor. The Tang law review of the name of the chapter explains: "the apprentice, the slave." That is, hard labor. Five levels: one year, one and a half years, two years, two and a half years, three years. In the Tang Dynasty, no canes were attached, while in the Song Dynasty, spinal canes were added. Yuan dynasty prison sentence is divided into five, and attached to the cane. Ming and Qing prison sentence is basically the same, that is, divided into five levels plus canes, permitted to money for redemption.
Stream, that is, the prisoner exiled to remote areas, not allowed to return home. Sui's exile sentence is divided into three levels: 1,000 miles, 1,500 miles, 2,000 miles, respectively, two years, two and a half years and three years of hard labor. The Tang Dynasty added 1,000 miles to each, but the length of labor was reduced to one year. In the Song Dynasty, the mileage and years of service were the same as in the Tang Dynasty, but with the addition of a spinal stick. In the Yuan Dynasty, there was no exile sentence. The Ming Dynasty, along with the Song Dynasty system, are attached to the cane, and can be redeemed with copper. The Qing Dynasty was the same as the Ming Dynasty.
Death is the death penalty. The Sui and Tang Dynasty set the death penalty as beheading, hanging and so on. The Five Dynasties and the Song Dynasty basically follow the Sui law, but since the Five Dynasties there is for the death penalty. The Liao dynasty will be Ling Chi as the official name of the penalty, the death penalty will be Ling Chi, beheading, hanging three levels. The Yuan Dynasty was the same. Ming and Qing legal death penalty is only beheading, hanging, but there are extrajudicial punishments, such as murder by rod.
The ancient system of five penalties with the reform of the penalty system in the late Qing Dynasty into the dust of history, but its influence is still far-reaching. Until today, it is still worthwhile for us to recall and reflect
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