The ancient Chinese five-sentence system is an important part of China's ancient legal system and the core content of China's penal system.
Lawyer Kuang Jingcong, pen name Kuang Chenyi, is currently a full-time lawyer at the Beijing headquarters of Jingshi Law Firm, a senior corporate compliance engineer, a corporate M&A and restructuring transaction, a member of the Peking University Boya Private Entrepreneur Think Tank, a special expert of the National Joint Integrity Service Platform, a special expert of the "Hand in Hand" action of private enterprises, a visiting professor of the Yuanpei Expert Talent Bank, and has securities qualification and fund qualification.
The team has lawyers who have been in the public security, procuratorate, and court, and the team is professional and trustworthy. The team mainly handles cases: criminal law, labor, marriage, transportation, creditor's rights and debts, equity design, corporate tax planning, etc. Hotline: 15611413344
In the past few thousand years of China's ancient legal history, although dynasties have changed frequently, the five-punishment system has always had a clear context and distinctive characteristics. The five punishments in ancient China were mainly divided into the five punishments of slavery and the five punishments of feudalism. The five punishments of slavery are a barbaric, immoral, and deliberate punishment that damages the body of the inmate. After entering the feudal society, after entering the feudal society, after the reform of abolition of corporal punishment during the period of Emperor Wen of the Western Han Dynasty, the feudal five-punishment system took initial shape, and the feudal five punishments were produced, which were respectively flogging, rod, apprenticeship, exile, and death, compared with the five punishments of slavery, the five punishments of feudal system are a more civilized and humane punishment, which marks a major progress in China's penal system. Later, after a long period of evolution in the Wei and Jin dynasties, it was finally established in the Sui Law and Tang Law. Five punishments of feudal system in the Tang Dynasty:
(1) Flogging. Take ten as one class, divided into five classes, that is, from ten to fifty.
(2) Caning. Take ten as one class, divided into five classes, that is, from sixty to one hundred.
(3) Imprisonment. Sentences of one year, one and a half years, two and a half years, three and a half years, three years and five etc.
(4) Exile. The mileage is divided into 2,000 li, 2,500 li, 3,000 li and so on.
(5) The death penalty. Split and chop two.
After the Tang Dynasty, although the torture of mutilating people gradually revived, the feudal five-punishment system did not change much until the penal reform in the late Qing Dynasty was finally abolished. In addition to the main five punishments, there are 磔 (commonly known as lingchi), 髡 (both shaving), patella (also used as bladder, cutting the knee bone), cannon (also used as cannon burning), 膵 (cutting the ears), arm (naked dismemberment), gu (dismemberment), 醢 (chopped into meat sauce), preserved (tanned into dried meat), section, beheading, abandonment of the market, clan curse, car cracking, etc.
At the end of the Qing Dynasty, the punishment was more civilized, and in the "Current Criminal Law of the Great Qing Dynasty", a new penal system was set up, the death penalty: mainly divided into five types: beheading and hanging, resentment, exile, imprisonment, and fine, and the cruel punishment and fate system such as lingchi, beheading, corpse, and tattooing were deleted.
In our current era, the punishment is more civilized, mainly including the main punishment and the additional punishment, the main punishment is the death penalty, life imprisonment, fixed-term imprisonment, detention, control, and the additional punishment includes fines, confiscation of property, deprivation of political rights, deportation, and deportation, which is mainly aimed at foreigners committing crimes on the mainland.
The specific laws are as follows:
Article 32: [Main Punishment and Additional Punishment] Criminal punishment is divided into principal punishment and additional punishment.
Article 33: [Types of Principal Punishments] The types of principal punishments are as follows:
(1) control;
(2) Detention;
(3) fixed-term imprisonment;
(4) Life imprisonment;
(5) The death penalty.
Article 34: [Types of Additional Punishments] The types of additional punishments are as follows:
(1) fines;
(2) Deprivation of political rights;
(3) Confiscation of property.
Additional penalties may also be applied independently.
Article 35: [Expulsion] Expulsion may be applied independently or additionally to foreigners who commit crimes.
Article 36: [Compensation for Economic Losses and Civil Priority Principle]Where victims suffer economic losses as a result of criminal conduct, the offenders shall be sentenced to compensate for economic losses based on the circumstances, in addition to giving criminal punishments in accordance with law.
Where a criminal bearing civil liability is sentenced to a fine at the same time, and his property is insufficient to pay in full, or where he is sentenced to confiscation of his property, he shall first bear civil compensation for the victim.
Article 37: [Non-punitive disposition measures] Where the circumstances of the crime are minor and do not warrant a criminal punishment, criminal punishment may be waived, but depending on the circumstances of the case, a reprimand or an order to show remorse, make an apology, or compensate for losses may be given, or the competent departments may give administrative punishments or administrative sanctions.
Article 37-1: [Provisions on Prohibition of Business] Where a person is sentenced to a criminal punishment for using professional convenience to commit a crime, or for committing a crime that violates specific obligations required by the profession, the people's court may, on the basis of the circumstances of the crime and the need to prevent reoffending, prohibit him from engaging in relevant occupations from the date the criminal punishment is completed or the date of parole, for a period of three to five years.
Where a person prohibited from engaging in a relevant occupation violates a decision made by the people's court in accordance with the provisions of the preceding paragraph, the public security organ shall give punishment in accordance with law; where the circumstances are serious, conviction and punishment shall be in accordance with the provisions of Article 313 of this Law.
Where other laws or administrative regulations have other provisions prohibiting or restricting their engagement in relevant occupations, follow those provisions.
Article 38: [Duration of Control and Enforcement Organs] The period of control is between three months and less than two years.
Sentencing control may, depending on the circumstances of the offence, prohibit the offender from engaging in specific activities, entering specific areas, places, and contacting specific persons during the execution period.
Community corrections shall be carried out in accordance with the law for criminals sentenced to control.
Those who violate the prohibition orders provided for in paragraph 2 shall be punished by the public security organs in accordance with the provisions of the "Law of the People's Republic of China on Administrative Punishments for Public Security".
Article 39: [Obligations and Rights of Criminals under Control]Criminals sentenced to control shall comply with the following provisions during the enforcement period:
(1) Abide by laws and administrative regulations and obey supervision;
(2) Without the approval of the executive organs, the rights to freedom of speech, press, assembly, association, procession, or demonstration must not be exercised;
(3) Reporting their own activities in accordance with the provisions of the enforcement organs;
(4) Comply with the enforcement organs' regulations on meeting guests;
(5) Leaving the city or county where they reside or relocating shall be reported to the enforcement organs for approval.
For criminals sentenced to supervision, equal pay for equal work shall be carried out in the course of work.
Article 40: [Lifting the Control Period Upon Expiration] For criminals sentenced to control, upon the expiration of the control period, the enforcement organ shall immediately announce the release of control to himself and the people in his or her unit or place of residence.
Article 41: [Calculation and Reduction of Controlled Sentences] Controlled sentences are calculated from the date of enforcement of judgments; Where a person is detained before the execution of a judgment, one day of detention shall be reduced to two days of imprisonment.
Article 42: [Duration of Detention] The period of detention is between one month and six months.
Article 43: [Enforcement of Detention] Criminals sentenced to criminal detention are to be executed by the nearest public security organs.
During the enforcement period, criminals sentenced to detention may return home one to two days per month; Those who participate in labor may be paid remuneration at their discretion.
Article 44: [Calculation and Reduction of Sentences of Criminal Detention] The term of imprisonment of criminal detention is calculated from the date of enforcement of the judgment; Where a person is detained before the execution of a judgment, one day of detention shall be reduced by one day of the sentence.
Article 45: [Duration of Fixed-term Imprisonment] The term of fixed-term imprisonment, except as provided in Articles 50 and 69 of this Law, is between six months and fifteen years.
Article 46: [Execution of Fixed-term Imprisonment and Life Imprisonment] Criminals sentenced to fixed-term imprisonment or life imprisonment are to be served in prisons or other enforcement venues; All those who are able to work shall participate in labor, receive education and reform.
Article 47: [Calculation and Reduction of Fixed-term Imprisonment] The term of fixed-term imprisonment is calculated from the date of execution of the judgment; Where a person is detained before the execution of a judgment, one day of detention shall be reduced by one day of the sentence.
Article 48: [Death Penalty and Death Suspension Targets and Approval Procedures] The death penalty is only applicable to criminals who have committed extremely serious crimes. For criminals who should be sentenced to death, if their execution is not necessary, the death penalty may be imposed with a two-year reprieve.
Except where the death penalty is imposed by the Supreme People's Court in accordance with law, it shall be submitted to the Supreme People's Court for approval. Where the death penalty is suspended, it may be decided or approved by the Higher People's Court.
Article 49: [Restrictions on the Objects of Application of the Death Penalty] The death penalty shall not be applied to persons who were under the age of 18 at the time of the crime and women who were pregnant at the time of trial.
The death penalty shall not be applied to persons who have reached the age of seventy-five at the time of the trial, except where death has been caused by particularly cruel means.
Article 50: [Modification of Suspension of Death] Where the death penalty is suspended, if there is no intentional crime during the period of suspension of execution, the sentence shall be commuted to life imprisonment after the expiration of the two-year period; If there is a significant meritorious performance, after the expiration of the two-year period, the sentence shall be reduced to 25 years of fixed-term imprisonment; If the crime is intentionally committed and the circumstances are egregious, the death penalty shall be carried out after reporting to the Supreme People's Court for approval; Where the death penalty is not carried out for intentional crimes, the period during which the death penalty is suspended shall be recalculated and reported to the Supreme People's Court for the record.
The people's courts may, based on the circumstances of the crime, simultaneously decide to restrict or reduce the sentence of repeat offenders who have been given a suspended death sentence, as well as criminals who have been given a suspended death sentence for intentional homicide, rape, robbery, kidnapping, arson, explosion, throwing dangerous substances, or organized violent sexual crimes.
Article 51: [Calculation of the Period of Suspension of Death and Commutation of Fixed-term Imprisonment] The period of suspension of execution of the death penalty is calculated from the date the judgment is determined. The term of imprisonment commuted to fixed-term imprisonment shall be calculated from the date on which the moratorium expires.
Article 52: [Discretion of the Amount of Fines] When awarding a fine, the amount of the fine shall be determined based on the circumstances of the crime.
Article 53: [Payment of Fines] Fines shall be paid in one lump sum or in installments within the time limit specified in the judgment. If the payment is not made upon the expiration of the period, it shall be compulsorily paid. Where the fine cannot be paid in full, the people's court shall recover it at any time if it discovers that the person subject to enforcement has enforceable property.
Where it is truly difficult to pay due to irresistible disasters or other reasons, upon ruling of the people's court, payment may be postponed, reduced or waived as appropriate.
Article 54: [Meaning of Deprivation of Political Rights] Deprivation of political rights is the deprivation of the following rights:
(1) the right to vote and to stand for election;
(2) the right to freedom of speech, of the press, of assembly, of association, of procession and of demonstration;
(3) The right to hold positions in state organs;
(4) The right to hold leading positions in state-owned companies, enterprises, public institutions, and people's organizations.
Article 55: [Duration of Deprivation of Political Rights] The period for deprivation of political rights, except as provided in Article 57 of this Law, is between one and five years.
Where a person is sentenced to additional deprivation of political rights by control, the period of deprivation of political rights shall be equal to the period of deprivation of political rights and shall be carried out simultaneously.
Article 56:[Additional and Independent Application of Deprivation of Political Rights] Criminals endangering national security shall be additionally deprived of political rights; Criminals who seriously disrupt social order, such as intentional homicide, rape, arson, explosion, poisoning, robbery, etc., may be additionally deprived of political rights.
Where deprivation of political rights is applied independently, the provisions of the sub-rules of this Law shall be followed.
Article 57: [Application of Deprivation of Political Rights by Criminals Sentenced to the Death Penalty or Life Imprisonment] Criminals sentenced to death or life imprisonment shall be deprived of their political rights for life.
When the death penalty is commuted to fixed-term imprisonment or life imprisonment is commuted to fixed-term imprisonment, the period of additional deprivation of political rights shall be changed to not less than three years but not more than ten years.
Article 58: [Calculation, Effect, and Execution of Sentences for Deprivation of Political Rights] The term of imprisonment for additional deprivation of political rights is calculated from the date of completion of the execution of the sentence or criminal detention or from the date of parole; The effect of deprivation of political rights is, of course, applied during the execution of the main sentence.
Criminals deprived of their political rights shall abide by laws, administrative regulations, and the provisions of the State Council public security department on supervision and management during the enforcement period, and obey supervision; The rights provided for in Article 54 of this Law shall not be exercised.
Article 59: [Scope of Confiscation of Property] Confiscation of property is the confiscation of part or all of the criminal's personal property. Where all property is confiscated, the necessary living expenses shall be retained for the individual criminals and their dependent families.
When imposing a confiscation of property, property belonging to the family of the criminal or due shall not be confiscated.
Article 60: [Repaying Debts with Confiscated Property] Where legitimate debts incurred by criminals prior to the confiscation of property need to be repaid with confiscated property, they shall be repaid upon the request of creditors.