#历史开讲 #
In every social formation, criminal punishment is, in essence, a mechanism of retaliation or punishment in the hands of the State for crimes committed in violation of the current criminal law.
Criminal punishment fundamentally safeguards the interests of the ruling class, and at the same time it also has the social functions of preventing and combating crime, punishing criminals, and maintaining social equity. The different contents of punishment reflected in different historical periods reflect the changes in legal thinking and concepts.
Comparison of the death penalty in the Han and Tang dynasties
Waist chopping is a more brutal form of execution, and it was widely used before the Han Dynasty. In the Han Dynasty, the crimes of beheading were wide-ranging, including conspiracy, rebellion, and disorder. In the Tang Dynasty, waist beheading was only used for specific crimes.
Abandonment of the city and beheading was also one of the common executions in the Han Dynasty, but over time, abandonment was gradually eliminated, and beheading was mainly applied to military law. In the Tang Dynasty, beheading was also clearly defined as one of the statutory death sentences.
Gong Punishment was a cruel form of execution that emerged during the Han Dynasty. During the execution, the convict was crucified until death. In the Han Dynasty, the crimes applicable were mainly homicide, disorder, and treason, while in the Tang Dynasty, the scope of application was narrower.
Che splitting is also a rather cruel method of execution, which was mainly applied to crimes such as treason, disorder, and rebellion in the Han Dynasty. In the Tang Dynasty, the application of the car splitting punishment was also different from that of the Han Dynasty.
Hanging was not statutory in the Han Dynasty, but it became one of the mandatory death sentences in the Tang Dynasty. In terms of execution methods, the Han Dynasty used hand twisting, bar twisting and other methods, while the Tang Dynasty used noose.
From the Han to the Tang Dynasty, the death penalty system gradually became simpler and more civilized, not only due to the simplification of legal provisions, but also closely related to changes in the way of execution. Although there were only two methods of execution of the death penalty in the Tang Dynasty, there were still other methods of execution.
For example, the death penalty used in the Han Dynasty was mostly untraceable in the Tang Dynasty, but continued to apply in certain circumstances, especially when politics were fighting each other and attacking dissidents. The trend of expanding the application of cane punishment in the Tang Dynasty also had a certain impact on the execution of the death penalty.
From the Han to the Tang Dynasty, the death penalty system became more civilized, indicating that society's attitude towards punishment gradually changed to mild and no longer as cruel as in the Han Dynasty. This change stems not only from the change of legal thinking and concepts, but also closely related to the change in the way society is controlled.
Criminal punishment is part of the social control system, and the development and change of society constantly promote the reform of the penal system. With the progress of society, the more detailed legal norms, and the increasing degree of respect for human rights and freedoms, the civilization of criminal punishment has become an inevitable trend.
Comparison of Han and Tang exile sentences
1. The origin of the sentence of exile
According to legend, the punishment of exile first originated during the Xia Dynasty, when the punishment was divided into five levels, the lightest level being "delisting", that is, expulsion from public office and deprivation of reputation. There were also records of exile during the subsequent Shang and Zhou dynasties, but mainly against political dissidents and criminals. During the Qin and Han dynasties, exile was formally incorporated into the penal system.
2. The reasons for the exile sentence
The main reason for the emergence of exile is that the public security situation is unstable, and it is difficult to effectively deter criminals by killing their heads and showing public display, so it is necessary to adopt more gentle punishment methods to achieve the purpose of maintaining public order.
3. Migration punishment in the Han Dynasty
Migration punishment in the Han Dynasty was one of the main forms of exile punishment, and its scope of application was mainly political crimes and lesser criminal offenses. The term of imprisonment for migration is generally three years, but may be extended or shortened in exceptional circumstances. The places of execution in the Han Dynasty included the South China Sea, Lingnan, and Frontier.
4. Exile during the Wei and Jin dynasties
The exile during the Wei and Jin dynasties was further developed on the basis of the Han dynasty, and the exile was more extensive, including frontiers, islands, and tuntian areas. This period also saw the emergence of a kind of punishment similar to imprisonment, in which criminals were exiled to remote areas in the wilderness of the mountains, where they were not allowed to return home and were left to fend for themselves.
5. Exile in the Tang Dynasty
The exiles of the Tang Dynasty were named after the places of exile, such as "Shuliu" exiled to Sichuan and "Dian Liu" exiled to Yunnan. Sentences for exile in the Tang Dynasty generally ranged from three to five years, but could be extended to ten years in the case of serious crimes.
In addition to the exile punishment, the Tang Dynasty also stipulated the five streams, that is, the Tang Dynasty exile punishment was mainly applicable to theft, wounding, homicide and other crimes, and its execution method was also mainly exile to the border area, and it was forbidden to return to Beijing. The Tang Dynasty Code stipulated the division of various sentences, with the maximum term of imprisonment being lifelong, but usually ranging from 3 to 10 years.
In addition, the Tang Dynasty also had a punishment known as the "five streams", that is, the punishment of deprivation of the right to social interaction and imprisonment in a certain region, which was similar in some respects to the punishment of exile.
In the Han and Tang dynasties' exile system, exile was gradually elevated from a substitute to a formal punishment, and the place of exile gradually shifted from the border areas to the Central Plains and areas of confinement.
At the same time, with the changes in society and the concept of punishment, the scope and method of application of exile punishment have also changed, and exile sentences in different historical periods have different characteristics.
Comparison of Han and Tang Labor Sentences
1. Labor in the Han Dynasty
The labor punishment of the Han Dynasty was a relatively complex penal system, and its basic form was labor as punishment, including imprisonment, miscellaneous labor, waiting service, and ice fighting. These penalties were mainly used in Han dynasty as collateral punishments in criminal cases, but in some cases they could also be used as primary punishments.
The labor sentences of the Han Dynasty were also divided into different punishments, such as light and severe, and had a certain sentence. The enforcement agencies of labor servitude are mainly government-governmental, and their execution methods are mainly compulsory service and escort labor.
2. A few thoughts on the "endurance" of Qin and Han
The word "patience" has an important position in the ancient penal system, and its original meaning is to endure and endure. During the Qin and Han dynasties, "endurance" was used to denote the punishment of hard labor, and in the late Han dynasty, the concept gradually evolved into "the suffering of prison".
From the original meaning of the word "endurance", it can be seen that the punishment of hard labor is a form of punishment, the purpose of which is to make the offender endure pain and fatigue through labor, so as to achieve the effect of punishment. At the same time, the penal punishment of forced labor also has the effect of reforming and indoctrinating criminals.
3. Labor sentences during the Wei and Jin dynasties
During the Wei and Jin dynasties, labor punishment gradually became an important part of the penal system. During the Cao Wei dynasty, apprenticeship was widely applied as an incidental punishment and gradually transformed into a primary punishment. During the period from the Western Jin Dynasty to the Southern Dynasty, the punishment of forced labor was more standardized and institutionalized, and its types and punishments were further refined and clarified.
During the Northern Dynasties, forced labor was more widely used due to the effects of social unrest and political chaos. During this period, the Government made extensive use of forced labour to address issues such as natural disasters and military needs. At the same time, the gap between the rich and the poor in society is becoming more and more obvious, and the contradictions and criminal acts between the rich and the poor are becoming more and more serious.
During the Cao Wei dynasty, the penal punishment of hard labor was further developed due to the effects of war. In order to maintain the needs of war and stabilize social order, the government has continuously strengthened the enforcement of labor punishments, and even the phenomenon of "sending prisoners to the frontier to do civil engineering" has appeared. In these circumstances, the execution of forced labour sentences has become more brutal and prison management has become more severe.
During the Western Jin Dynasty to the Southern Dynasties, the enforcement of forced labor sentences improved. The government's punishment of criminals has gradually shifted to reform, and the supervision and management of forced labor sentences has been strengthened. The nature of the penal punishment of labor during this period also gradually changed from the "oppressive type" to the "reform" type in the past.
During the Northern Dynasties, the enforcement of the punishment of hard labor was further strengthened, and it became an important means for the ruling class to suppress dissidents and maintain social order. Due to the increasing contradictions in society, the government has also continuously increased the enforcement of labor punishments, and even adopted the harsh method of "killing heads and burying corpses, do not ask about their families" when dealing with "bandits".
In the Tang Dynasty, the punishment of forced labor was improved to a certain extent. In the Tang Dynasty, labor sentences were divided into two types: imprisonment, which was to serve in prison, and exile to the frontier or other places. In the Tang Dynasty, the institutions for the enforcement of labor sentences were also gradually standardized, and the management and supervision of criminal prisoners were more humane.
In the comparison between the Han and Tang dynasties, it can be found that the punishment of labor has undergone some changes in terms of nature, crime, length of sentence, and execution method. In the Han Dynasty, there were many types of forced labor punishments, and they were more complex in terms of execution methods, sentences, and punishments, and different types of criminals received different punishments.
In the Tang Dynasty, the punishment of forced labor was gradually standardized and institutionalized. In the Tang Dynasty, the enforcement agencies of prison sentences were the Criminal Ministry and the prefectures and counties, and the prison supervisors were officials who specialized in managing prison sentences. The enforcement system of imprisonment in the Tang Dynasty was gradually formed after a series of legal provisions and institutionalized developments.
The punishment of labor in the Tang Dynasty was also gradually changed from alternative punishment to formal punishment, with relatively clear sentences and sentences. In the Tang Dynasty, the main targets of the penal punishment of forced labor were juvenile delinquents and petty offenders such as petty theft. For felons, heavy sentences such as the death penalty and exile are still applied.
In the comparison of the labor penal systems of the Han and Tang dynasties, we can see the evolution trend of labor punishment. From the diversification and complexity of the Han Dynasty, to the generalization and increase in the number of labor punishments during the Wei, Jin, Southern and Northern Dynasties, and then to the standardization and institutionalization of the Tang Dynasty, the scope and object of application of labor punishments continued to expand, the number and duration of punishments continued to decrease, and the enforcement of punishments was gradually standardized and institutionalized.
This evolution trend reflects the continuous improvement and development of the penal system in ancient China under the influence of social changes and changes in legal concepts.
In conclusion, the comparison of labor sentences in the Han and Tang dynasties can help us better understand the evolution and development of the ancient Chinese penal system. In terms of labor punishment, from the Han Dynasty to the Tang Dynasty, we can see an evolution process from diversification and complexity to standardization and institutionalization.
This process not only reflects the improvement of the penal system and the change of legal concepts, but also reflects the evolution and reform of the ancient Chinese social and political system.