Criminal Law in Ancient Times

The period of the reign of Shun Yu in the primitive society confirms quite a number of customs concerning punishment. The Shangshu-Shun Code contains the following statement: "The Elephant was punished by a code of punishment, and the five punishments were excused from the flow. Whip for the official punishment, pounce for teaching punishment, gold for ransom. Cataract of the cataract wanton amnesty, father of the end of the thief penalty. Chin-jae! Chin Jie! But the punishment of compassion." The custom of punishment at that time, the act of coveting stolen goods (ink) and looting (fainting) murder behavior side by side, together with the punishment, reflecting the society at that time has paid attention to the rectification and management of the administrators, and severely sanctioned the malfeasance, corruption behavior.

Shangshu - Lv Penalty" on the primitive society at the end of the punishment made this description: "Miao people Fuhuo with the spirit, the system to the penalty, Huaizuo Wang abuse of the penalty said law", "I began to prostitution for wakes, cutting off the ears, silence, tattooing". Also according to the Hou Han Shu - Criminal Law Zhi said: "(Yu) since the decline of virtue and system of meat punishment."

The Xia Dynasty

gradually established the five-penalty system of ink, wakes, amputation of limbs, palaces, and dapai.

Shang Dynasty

The criminal law was harsh. Pan Geng stipulated that "if there are unlucky and unlucky, or if there is any disrespect, or if there are any evil-doers, I will wipe out the wakes and exterminate them without leaving any children". In addition to beheading, the death penalty also included mincing meat, preserved meat, burning, cutting open the heart, routing, picking and other means of killing.

Western Zhou

Ancient Penalties

The formation of penalties such as imprisonment and detention in the name of the system of Huan Tu and Jia Shi, as well as ransom and exile as a complement to the five penalties, which is the mature stage of slavery penalties during this period.

The Spring and Autumn period and the Warring States period

were still dominated by the five punishments, and the cruelty of the five punishments remained unchanged. When Shang Yang was executed, he was sentenced to be split into two pieces by a cart, which was the transition from slavery to feudalism.

Qin

Ancient Penalties

Penalties appeared a new change, the main flogging, caning, imprisonment, banishment, meat, death, humiliation, economic, and strain eight categories. The first five of these categories were equivalent to the modern main penalties, and the last three were equivalent to the modern additional penalties. Qin law had not yet formed a complete system, and was characterized by a clear transition.

Han Dynasty

Ancient Penalties

Reforms were made to the penalties, and in the thirteenth year of Emperor Wen of Han Dynasty, he issued an edict to abolish the meat penalty, and proceeded to reform the penal system. Specifically: when the completion of the person, the completion of the city Dan pounding; when the person tattooed, scalping pliers for the city Dan pounding; when the wakes, flogging 300; when the left toe of the chopper, flogging 500, when the right toe of the chopper, abandoned the market. This changed the original "five punishments" system. However, there were problems: firstly, the right toe was chopped off and replaced by abandoning the market, which enlarged the scope of the death penalty; secondly, flogging was used to replace wakes and chopping off the left toe, and as a result, those who were punished "died more often than not". After, Han Jingdi and twice to reduce the number of flogging, the first is flogging 500 reduced to 300, flogging 300 reduced to 200. The second is flogging 300 reduced to 200, flogging 200 reduced to 100. After the reform, in addition to the death penalty, there are flogging, while the palace punishment has not been changed. To the beginning of the Eastern Han Dynasty, the Ming Emperor's edict and mentioned the beheading of the right toe, indicating that this penalty instead of abandonment of the market, the Wendi from the light into the heavy one and back, so far, the two Han Dynasty corporal punishment of the Palace and beheading of the right toe.

About the sentence of imprisonment, the early Han Dynasty followed the Qin system. But the Han Dynasty already have a clear sentence. Such as scalping pincers city Dan pounding, five years old sentence; finished city Dan pounding, four years old sentence; ghost salary white charm, three years old sentence; Sikou and as such as Sikou, are two years old sentence, male punishment for work and female resumption of work, are one year to three years old sentence. In addition, the Han Dynasty had another "Gu Shan", which was a punishment used only for female offenders, so it was also called "female Gu Shan".

In addition, the two Han Dynasty also used the Qin Dynasty and before the fine, migration and other penalties. In addition, there was the penalty of confinement, which was a life-long ban on officials and their relatives for prohibiting them from forming a clique in the Han Dynasty.

The Ancient Period

The penal system changed considerably from that of the previous dynasty, and the general change in penalties was characterized by gradual leniency. The means of punishment of "cutting the skin and mutilating the limbs" were gradually reduced, and the transition to the new feudal system of five punishments was made. Mainly reflected in:

1, the abolition of the palace punishment system. Western Wei in the Northern Dynasties in the thirteenth year of Datong (547 AD) issued an imperial edict prohibiting the palace punishment: "Since now should be the palace punishment, straight no official, do not torture." Northern Qi in the day of five years (AD 569) also ordered the abolition of the palace punishment: "should be the palace punishment of the general exemption for the mouth of the government."

2, provided for the punishment of whipping and caning. This penalty originated in the Northern Wei Dynasty, and for the Northern Qi and Northern Zhou followed.

3. The punishment of exile as a reduction of death. During the Northern and Southern Dynasties, the sentence of exile as a measure of clemency of the death penalty. For example, the Northern Zhou Dynasty stipulated that the sentence of exile for five levels, each level of 500 miles for the difference, according to the capital city of 2,500 miles for the first level, to 4,500 miles for the limit, while additional flogging.

4, the edge of the scope of changes, this change is mainly reflected in the edge of the women's changes, the general trend is to narrow the scope, but the judicial practice has been expanded. Throughout the north and south dynasties, the scope of the edge of the sitting has been repeated. The Liang Law set a precedent for exempting women from the death penalty.

Sui-

The Kaihuang Laws deleted many harsh punishments. It abolished a number of cruel life sentences, and made the death penalty into two kinds of punishment: strangulation and beheading. The punishment of exile and flogging were modified. Sui Wendi clearly stated: "hanged to death, beheading is a different shape, in addition to the body of evil, in this has been extreme", all "head of chariots" and "mutilated skin and body" of the flogging were abolished, the establishment of the The five punishments of the feudal system.

Tang

Penalties were lighter than in previous generations, with the death penalty and exile greatly reduced. There were only two kinds of capital punishment: hanging and beheading; imprisonment for only one to three years; and the number of floggings was also greatly reduced. More importantly, the penalties were applied in a lenient manner; the Tang law is considered to be a good example of the penalties in our ancient society, "which are equal to those of the past and the present".

The Song

created a number of new penal systems.

1, stabbed with the punishment. The Song dynasty for the leniency of the death of miscellaneous criminals and the establishment of the stabbing and mating law, stabbing the face, with the flow and canes and spine, is to be exempted from the death of the offenders of a kind of substitution of the sentence. But later it became one of the common types of punishment.

2, lynch penalty. In the Song Dynasty, the five generations of extrajudicial punishment of lynching as a legal penalty, initially applied to the land of Jinghu so-called demonic killings of ghosts of the crime. But later the scope of application is more and more extensive.

3, folded cane law. Song Taizu created the law of folding the cane, as a substitute for heavy punishment. But because of the shortcomings, that is, "the good people occasionally against the risk of injury to the limbs, for a lifetime of humiliation; fools, although a moment of pain, but no shame." Therefore, in Huizong and the number of punishment for crimes below the weight of the cane to adjust to reduce the harm to the lesser offenders.

Yuan

Yuan law is customary law, Genghis Khan, there are decapitation, banishment, chastisement strips and other penalties, and then gradually to the Han Dynasty, the transition to the system of the five penalties, and ultimately practiced. However, there was no hanging in its death penalty, and lynching was the legal death penalty.

The Yuan Dynasty still retained many customary laws, including a number of corporal punishment. General people commit theft, in addition to breaking this crime, "the first offense stabbing the left arm, and then stabbing the right arm, the third offense stabbing item." "Robbers first offense is required to stab the neck", only the Mongols may not be subject to this punishment. In order to safeguard the privileges of monks, the Yuan law stipulates that "beat the western monks cut off their hands, cursing the broken tongue".

Yuan has a warning system. Robbery and theft in the completion of the sentence, pay the origin of the "police trace people". At the head of his home to set up a wall of red clay powder, on the name of the open, criminal things by the neighbors to monitor their behavior, and every six months with the government to accept the inspector. Five years of non-offenders in addition to the registration, recidivism for life detention.

Ming and Qing Dynasties

Penalties have a new development, which is characterized by more brutal punishment, and a large number of resurrection of corporal punishment. The changes in punishment during the Ming and Qing dynasties were:

1. Capital punishment. The Ming and Qing dynasties legally resumed the punishment of lording it over the people, and the scope was gradually expanded. In addition, the Ming and Qing dynasties, the execution of the death penalty there are some more brutal way, such as "skinning grass", "extermination of ten clans", killing corpses and so on. The Qing Dynasty also had a unique system for the death penalty, that is, the system of decapitation and imprisonment.

2, military punishment. The "charging army" was created in the Ming Dynasty, but it was not the original offense of charging the army. The Qing Dynasty, the army as an aggravating circumstance of the crime of exile, and to the army as the crime. Moreover, the number of entries in the charge of military service was also increased compared with that of the Ming Dynasty.

3. Sentenced to deportation, this is a heavier penalty than military confinement. In the Ming Dynasty, it was limited to officers and soldiers, and they were never allowed to return to their place of origin. In the Qing Dynasty, it included civil and military officials who had committed crimes above the level of imprisonment, and there was also an opportunity to be released.

4, the yoke, is the first Ming Dynasty shame penalty. In the Ming Dynasty also turned into a deadly torture. In Qing Dynasty, this method was used for some ethical and morality crimes.

The Ming Dynasty also had the court cane system. It refers to the extrajudicial punishment of directly inflicting caning on the ministers who disobeyed the imperial order in front of the court of the palace.

Causes of Evolution

Broadly speaking, there are several reasons for the development and change of punishment.

I. The socio-economic development and the progress of human civilization, the constant change of the guiding ideology of those in power led to the development and change of the punishment. The legal system is an important component of the social superstructure, the emergence and development of any legal system, as well as the formation of its characteristics, are closely linked to the political, economic, cultural, customs, traditions and other socio-economic conditions at the time. During the period of primitive society, there was no state, no law, low level of productivity, low ability of human beings to recognize nature, and the primitive customs at that time were also determined by the low level of productivity marked by gathering and fishing and hunting, with simple and brutal punishments, and later, as a result of the development of the productive forces, the private sector became the dominant one. Gradually a considerable number of customary laws were produced. With the further development of the economy, and with the people's further understanding of the material world, the system of punishment was gradually perfected, and the purpose was more exclusive, to protect private property, to protect personal rights, and to safeguard political rule. Since the establishment of the first slave state in the Xia Dynasty, China's ancient society has always adhered to a legal system based on criminal law.

Since authoritarianism and centralization of power ran through thousands of years of China's ancient development, China's legal culture also had distinct Chinese characteristics, without the concepts of democracy and the rule of law and human rights of the Western world. A great deal of the criminal law is filled with total disregard for human life and the arbitrariness of punishment.

From simple homomorphic revenge to the slavery penalties of the Xia and Shang dynasties, and evolving into the "five penalties" of feudal society, the changes in penalties are closely related to the ruling ideology of those in power. Ancient Chinese society has always been centralized patriarchal rule, the king or emperor is the master of the country, the so-called family world. "Under Pu Tian, there is no place other than the king's land. Under the rate of the land, there is no one who is not the king's subject." Therefore, the law also centralized the basic guiding ideology of maintaining the rule of the king. The criminal law is revered and the punishment is emphasized. Make China's ancient regardless of civil, administrative, criminal sanctions, without exception, the use of criminal means. The law not only by virtue of the harsh means of punishment to punish the political crimes that endanger the rule of the king, but also severely sanctioned the destruction of national rule, disturbing the social process of criminal offenses. The rulers learned from long practice that it was more advantageous to punish offenders while preserving the ability to work. So the reform of the penal system was more adapted to the needs of the economic base, while better maintaining their rule. Xia, Shang period people's ability to understand nature is very limited, but also just evolved from the primitive barbaric era, the maintenance of the king's right to become its primary purpose, while the ignorance of the people and make the rulers under the guise of the will of heaven's plan can be realized, although its penalties are very barbaric and cruel, but the rulers borrow the name of the sky, the ruler successfully demonstrated that the reasonableness of the penalties. At the same time, the ruler, in view of the lessons of the previous dynasty, put forward the idea of "matching heaven with virtue", "clear law and prudent punishment", emphasized the "leniency of punishment", and combined education and punishment, which was embodied in the punishment. In terms of penalties, there were penalties such as imprisonment and detention under the name of "Huan Tu Zhi Shi" and "Jia Shi Zhi Shi", as well as ransom penalties and exile penalties as supplements to the five penalties, which were no longer purely tortures that hurt people's limbs and lives. After the Qin Dynasty to the Ming and Qing Dynasties, the centralized ruler is more firmly established, although the guiding ideology of the rulers of the various dynasties are different, but the development of the economy, the progress of society in the rulers also gradually promote the changes in punishment, to strangle, beheading death penalty instead of the previous brutal life sentence, flogging, caning, imprisonment, exile instead of barbaric corporal punishment, the essence of the rulers gradually adapted to the development of socio-economic civilization to improve the degree of reflection. The reflection of this.

Second, the highly centralized patriarchal rule of ancient society, the ruler's power of unlimited and unchecked, those in power often act on their own good and bad, so that the formation of the penalty of instability and uncertainty of the characteristics. Therefore, the process of development and change of punishment in ancient China is characterized by strong traces of artificiality. The general trend was in the direction of leniency, but there were many iterations. China's ancient society since the existence of the state, whether it is the era of unwritten legislation, or the era of written law, the law on the types of penalties are clearly defined, but there are often arbitrarily increased extrajudicial penalties. Sui early, the formulation of the "Kai Huang law", "Daiye law", emphasizing the use of leniency, but Sui Emperor Yang did not act in accordance with the law, he "more strict law", and the resumption of the head of the Lord, the nine clans and other tortures, self-destruction of the rule of law, the indiscriminate use of obscene punishments. Another example is the Tang Dynasty law for our country's most ancient period of prosperity, but the phenomenon of extrajudicial punishment is also endless. Wu Zetian, cool minister Zhou Xing, Suo Yuanli, to Junchen illegal use of torture, the destruction of prisoners, will be "banned from the ground in the prison, or Sheng such as urns, to fire Wuan moxibustion, and cut off their food and pay, to the extent that there is a drawing of clothing overlooking the person."