The Shang Shu Shun Dian records that elephants are punished with canons and five sentences. Whipping is an official punishment, throwing is a religious punishment, and gold is a ransom punishment. Forgiveness of disasters, punishment of thieves. Wow! Wow! But the mercy of the punishment. Since the establishment of China's first dynasty, Xia, the five-punishment system has been initially laid.
The composition of the criminal law is to constrain a person's moral bottom line, although some criminal laws are too cruel, but it does have the need to exist, the Qin state to the legal thought as the legal model, Shang Martin emphasized: "The law, so love the people also." Liturgists, so it's easy to do it too. Yes, the saints can strengthen the country, but they can do nothing, and they can benefit the people and do not follow their rituals."
Shang Martin changed the law twice, believing that the goal of the rule of law is to love the people, so the criminal law of the Qin State is the most severe, not only has five punishments, but also humiliation, economy, Zhulian three additional criminal laws, the Han Dynasty believes that the Qin law is tyrannical, it has reformed the criminal law, Emperor Wen of Han for thirteen years, abolished corporal punishment, changed the original five punishments.
Emperor Jingdi of Han twice issued a decree to reduce the number of flogging whips, from the original 500 to 100, even the sentence was divided into men and women, women were not exiled, changed to "Gu Shan", which means that women commit crimes, can redeem home, only need to hire people to the mountains every month to cut wood, instead of labor, "Book of Han PingDi Ji" contains: The world's female disciples have been discussed, return home, Gu Shan Qianyue three hundred.
During the two Han Dynasties, although many criminal laws were abolished, it seemed humane, but in terms of crime rate, the Qin Dynasty was the most stable feudal dynasty in society for more than two thousand years, during the Tang Dynasty Li Shimin, the criminal law was the lightest, and after Wu Zetian succeeded to the throne, Zhou Xing revived a lot of torture in the Zhou Dynasty.
However, during the reign of Wu Zetian, economic stability and social prosperity laid the foundation for the kaiyuan prosperity, because the criminal law of the Tang Dynasty had a great influence, the Song, Yuan, Ming, and Qing dynasties were relatively cruel in the early criminal law, and the way of execution also increased, but in the late Qing Dynasty, affected by the ideas of Western civilization, some methods of death penalty began to change.
In 1764, Beccaria published The Book of Crime and Punishment and issued "Whether the Death Penalty is Really Beneficial and Just in a Good Society", and humanitarian organizations began to call for the abolition of the death penalty, and in the centuries that followed, the abolition and retention of the death penalty became the most controversial topic of punishment.
In 1849, the Roman Republic became the first country in the world to abolish the death penalty, and since then, a number of countries have abolished the death penalty, and the number of countries that clearly stipulate the abolition of the death penalty for all crimes in the Constitution has reached 92, and as many as 138 have legally stipulated the abolition of the death penalty, but some countries have retained the death penalty.
However, the death penalty as the highest criminal law, in order to ensure "careful killing", the death penalty suspension began to appear, in 1870 Boston gave birth to the first "probation criminal law", when probation was only applicable to juvenile crimes, in 1889 Russell International Conference of Criminal Law, officially used probation for all crimes.
In 1979, China also regarded the suspension of death as one of the criminal law systems in the Criminal Law of the People's Republic of China, according to article 48 of the Criminal Law, the conditions for applying the death suspension are: 1 the convict sentences the death penalty, 2 does not have to be executed immediately, according to article 50, there are three treatment results after the expiration of the death suspension period.
1. If there is no intentional crime committed during the 2 years of suspension of the death penalty, it shall be reduced to life imprisonment; 2. If there is a major performance, after the expiration of the 2-year period, it shall be reduced to a fixed-term imprisonment of between 15 years and 20 years; 3. If the crime is intentionally committed, the death penalty shall be executed.
Although the abolition of the death penalty is humanitarian, many cases can no longer be measured by humanitarianism, and the death penalty is the ultimate destination.