An Analyses Of The Controversy On Corporal Punishment In Han And Jin Dynasties : A Study From The Perspective Of Intellectual Histrory

Since ancient times, there have been different opinions about the "Corporal Punishment". In the broad sense, Corporal Punishment includes cutting the limbs, splitting the skin, bounding the body sentences and some other associated penalties; in the narrow sense, it includes four categories, that is, tattooing(Qing), cutting off the nose(Yi), cutting off the feet(Yue) and the punishment of castration(Gong).It is not clear when the Corporal Punishment exactly began, but according to the existing historical materials, it can be dated back to the era of Yellow Emperor. During Qin and early Han Dynasties, the system of Zhou Dynasty was followed. During Qin Dynasty, the laws were rigid, and the punishments severe. Penalties were classifed even more in detail and there were all kinds of Corporal Punishment, which was observed by the governors of Han Dynasty.From late Han Dynasty to Wei and Jin Dynasties, political changes had led to the changes in the penal system, especially the controversy about the retention or abolition of Corporal Punishment through the whole period. Many people were involved in this controversy, and it had produced a far-reaching impact, which was unprecedented. In the long period of about four centuries, there was nine debates over the maintenance or abolition of Corporal Punishment. Both sides had its opinions put forward, each holding one end. These people who were approved of the abolition of Corporal Punishment take the upper hand gradually, but the problem was left unsettled in the end. The discussions in these Dynasties happened only at the intellectual level, which has not been really implement at the level of judicial practice. Therefore, the controversy of the abolition of Corporal Punishment from Han to Jin Dynasties is not only an important phenomenon of political and legal history, but an integral part of the intellectual history in ancient China.The controversy on the abolition of corporal punishment in Han and Jin Dynasties reflected different opinions and values of the participants. In particular, it reflected the Confucian doctrines of "respecting the system of ancestors", "blending different methods" in the field of law enforcement, and following the principle of teaching first and punishment second. At the same time, the proposed abolition of corporal punishment also revealed the attitudes and views of contemporary people toward life and death. Therefore, through the analysis of "Corporal Punishment", we can understand the development of ideas from Han to Jin Dynasties, and grasp its meaning.