Traditional Culture Encyclopedia - Traditional customs - There are five punishments in the Shangshu (Book of Books), which five punishments and what do they mean?

There are five punishments in the Shangshu (Book of Books), which five punishments and what do they mean?

[Title]: The Five Punishments

[Abbreviation]:

[English]:

[Explanation]:

A general term for the five types of punishment used against criminals in ancient China. China has had punishments since the Xia Dynasty, and the five punishments of ink, wakes, amputation of limbs, palaces, and dapai in the Shang Dynasty have been recorded in ancient documents and oracle bones, and have been more commonly practiced in the Western Zhou Dynasty. At the beginning of the Western Han Dynasty, corporal punishment was abolished and replaced by flogging and caning. 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, 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 were repeatedly changed. To the Sui and Tang dynasties, the ink, wakes, amputation of limbs, palaces, and the five-penalty system since the Shang and Zhou Dynasties, finally replaced by the five-penalty system of flogging, caning, imprisonment, exile, and death until the Ming and Qing dynasties.

Ink The penalty of applying ink to a criminal's face, behind the ear, on the neck, or on the arm after stabbing and carving is the lightest penalty. It was called tattooing in Qin during the Warring States period and was widely applied and combined with other punishments. When Emperor Wen of Han abolished corporal punishment, tattooing was abolished. It was used occasionally during the Wei, Jin, and Northern and Southern Dynasties, and was abolished again in the 14th year of Emperor Wu's reign in Liang (515). The Sui and Tang dynasties had no such system. In the Five Dynasties and Later Jin Dynasty, tattooing was reinstated, renamed stabbing, and used in conjunction with exile punishment, known as stabbing, which was used until the Qing Dynasty. The object, part and shape of the tattoo varied from generation to generation. At the end of the Qing Dynasty, the legal system reform, stabbing abolished.

Wakes cut off the nose of the penalty. It is heavier than the ink penalty and lighter than the amputation of limbs. It originated in Xia, and was widely applied in 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, it was not used in the penal code, and only in the early Jin dynasty was it used for the redemption of those who committed serious crimes (see redemption), but it was still used to cut off the nose or ears, which was different from that of the common people.

Gotta amputate the feet. Also called amputation. It is heavier than wakes. Spring and Autumn and Warring States were commonly used. Qi State, because of the amputation of the amputee, there was a "sandals low, expensive" phenomenon, the "踊" is the amputee's shoes. In Qin and the early Han Dynasty, the right toe was chopped off for serious crimes and the left toe was chopped off for less serious crimes. Han Wendi removed the corporal punishment and changed the punishment of amputating the left toe to flogging 500, and the punishment of amputating the right toe to abandoning the market. At the time of Emperor Jingdi of Han Dynasty, he also ordered the prisoners who should be abandoned to the market, if they were willing to amputate their right toes, they could be allowed to do so, and the abolished amputation punishment was restored again. Since the Wei and Jin Dynasties, there was no provision for amputation in the law code. But there are also amputation punishment, such as the beginning of the Tang Dynasty, once to break the right toe as a reduction of the penalty of death.

Palace Men's cut potential, women's seclusion of the punishment. Beginning in the Xia Dynasty Miao Cang punishment, the Xia tribe inherited, Qin, Han, also known as the rotten punishment, silk room punishment, Yin punishment. Men cut off the male genitals. Women's confinement, there are two ancient said. One is said to be confined to the palace, another is said to use a stick to hit the female chest and abdomen, so that the stomach and intestines sagging, suppression of the uterus into the vaginal tract, in order to hinder the intercourse. Palace punishment was initially used to punish the crime of prostitution, but later it was also applied to crimes such as rebellion and treason, and was extended to the children of prisoners who were sentenced to imprisonment. It was applied in large numbers after the Qin Dynasty unified the six kingdoms. Emperor Wen of Han Dynasty abolished corporal punishment but not palace punishment. Emperor Jingdi of the Han Dynasty allowed palace punishment to replace the death penalty. From the Han Dynasty to the North and South Dynasties, the palace punishment was sometimes existed and sometimes abolished, and it was formally abolished in the early years of the Kaihuang Dynasty of the Sui Dynasty (581-600). Later, Liao Muzhong Yingli twelve years (962) and once restored, and then there is no palace punishment in the laws of the dynasty.

The death penalty. Its name and execution methods vary from generation to generation. The pre-Qin Dynasty, there are cannon branding, disembowelment, minced meat, pro, kill, beheading, burning, prostrate, exhausted, chariots, ku and so on. In the Warring States period and the Qin Dynasty, there were chiseling, wok cooking, drew the coercion, car cracking, bag pouncing, lording over the head, waist beheading, abandoning the market and so on. The early Han Dynasty was dominated by decapitation, abandonment of the market, and beheading. The Northern Wei Dynasty has chariots, waist beheading, death (severed head), abandoned the city four, later changed to lords, beheading, hanging three. Northern Qi, Northern Zhou for inheritance does not change. Sui and Tang set the death penalty for beheading, hanging and so on. Five Dynasties and Song roughly follow the Sui law, in addition, there is not contained in the book of the law of the death penalty (i.e., split the prisoner's limbs). The beginning of the Liao and throw cliffs, shooting ghost arrows, five car chariots, raw Dizhi (buried alive), cannon throwing and so on. Jin Dynasty, there is a blow to the brain. In addition, there are extrajudicial torture, such as stick, skinning, minced meat.

Flogging is the punishment of beating the spine or buttocks and legs of a prisoner with a bamboo board or thorns. It was widely used in the slave society. In the Qin Dynasty, there were provisions of "flogging ten" and "flogging fifty". When Emperor Wen of Han Dynasty removed corporal punishment, flogging was used to replace corporal punishment. When Emperor Jingdi of Han Dynasty, the flogging was too heavy, the flogging was reduced from 500 to 300, and from 300 to 200, and later changed from 300 to 200, and from 200 to 100, and at the same time, the "flogging order" was set, which stipulated that the bamboo should be used to replace the small thorns and the knuckles should be flattened; the buttocks should be flattened, and the executioner should not be replaced in the middle of the flogging. 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 for flogging, divided into 10, 20, 30, 40, 50 five, and can be redeemed by copper. 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 7, 17, 27, 37, 47, 57 six. Ming and Qing flogging inherited the Tang and Song system, divided into five classes, can be redeemed.

Cane With a large bamboo board or large wattle 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.

Tu, that is, the prison sentence, and forced to serve hard labor. The origin is very early. Shang Dynasty, there is a prison "圉", the Zhou Dynasty, in addition to the death penalty, the other criminals are subject to corporal punishment of hard labor, for the five additional penalties at that time. Qin and Han according to the nature of the labor, the duration of imprisonment and with or without additional punishment, imprisonment for a number of levels. Wei and Jin to "scalping", "Nai" (for prisoners shaving, shaving) as the system of imprisonment, and as the name of imprisonment. In the Northern Wei Dynasty, prison sentences were divided into various grades according to the number of years of hard labor, and were therefore also called annual sentences. In the Northern Qi Dynasty, there was the additional punishment "Nai", also known as "Nai sin". At that time, in addition to "resistance", but also additional whipping, flogging, some also have to bring the torture instrument "clamp". Bei Zhou began to formally called "prison sentence", and additional whips, flogging, allowing the gold atonement. Sui and Tang as one of the five sentences, also divided into five levels, the sentence for 1 to 3 years, the difference between each level of half a year, and not attached to the flogging, caning, permitted to redeem the sentence with copper. The Five Dynasties basically followed the Tang system, but restored the system of canes, in fact, two sentences for one crime. Song Dynasty, the implementation of the system of discount canes, that is, the number of discount canes, canes, no longer serve labor. In the Liao Dynasty, there was a life sentence, plus canes, and "branding the face". Jin Dynasty prison sentence with the same as the Tang and Song Dynasty, but will be changed from five to seven. Yuan dynasty prison sentence is divided into five, and attached to the cane. Ming and Qing dynasty imprisonment is basically the same, that is, divided into five and canes, and allowed to redeem the money.

Streaming The criminal escorted to a remote place to serve in labor or garrison, may not leave the area of the penalty. The earliest name of the sentence is found in "Shangshu - Yao Dian": "Liu Yu five punishment", as the ink, wakes, amputation of limbs, palace, the big five punishment forgiveness of a kind of punishment. The name of the sentence of exile, different generations, sometimes called release, relocation, migration. The Northern Wei Dynasty did not have the difference between near and far. Beiqi formally listed as one of the five sentences, there is no mileage difference. To the Northern Zhou, the exile sentence from the flow to 2500 ~ 4500 miles from the imperial city is divided into five levels, there is also a time limit, the longest for six years. Sui dynasty exile sentence is divided into three, also known as three streams. Should be assigned to live as two years, two and a half years, three years. Should live in the author, the three streams are three years. Tang dynasty exile sentence is also divided into three classes, the number of miles than the Sui dynasty exile sentence plus 1,000 miles, and its residence for the period is shortened to one year. The service is full of the organization for the household, so-called "regular flow". In addition, there are three years of service, called "additional service stream". The Tang Dynasty was allowed to redeem the sentence of exile with copper. 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. The Yuan Dynasty did not have a sentence of exile. Ming dynasty exile along the song system, are attached cane, and can be redeemed with copper. Qing Dynasty exile sentence and Ming the same.

Death is the death penalty. The Sui and Tang Dynasty, the death penalty for beheading, hanging and so on. The Five Dynasties and the Song Dynasty basically modeled on the Sui law, but since the Five Dynasties, there has been 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. The Yuan Dynasty was the same. Ming and Qing legal death penalty is only decapitation, hanging two, but there are extrajudicial punishment, such as murder.