| Corporal punishment is actualized by political power as a kind of punishment in ancient times. It refers to a punishment to punish the criminals who commit some crime. Corporal punishment means cutting the limbs and trunk apart and causing skin injury. It's the most severe punishment except the death sentence. Therefore, it's an usual means of the country to punish the criminals and keep society steady. It experiences a long and changeable process. It dates back to the period of Yao and Shun and develops in the period of Xia Shang and Zhou. It booms in Qin Dynasty. It is abolished by the Emperor Wen of the West Han in 167 B.C. Corporal punishment consists of four types: the first is a kind of punishment carving characters on one's face; the second is cutting nose; the third is cut out the kneel caps; the fourth is castration. My papers will state the development of this ancient punishment based on the four types. I not only state the arguments about corporal punishment in the period of Han Wei and the Reform of the Emperor Wen of Han Dynasty, but also discuss the situations about this punishment with the help of the latest materials unearthed and research. I also summarize the corporal punishment before the QinHan times in order to make my papers complete and logical. Because most participators live in the early Wei Dynasty, I treat the section which contains arguments on corporal punishment at the end of Han Dynasty as a whole to investigate and analyze.This essay is divided into three chapters. The first chapter mainly focuses on two parts. Part one briefly introduces the basic information and the development of corporal punishment, which is about the name, means, sources and the crime of corporal punishment from remote ages to the end of Qin Dynasty. And Part two analyzes the changes of corporal punishment's status in the punishment system. The corporal punishment's status is decreasing with the development of social productive forces in Qin Dynasty. That means the corporal punishment is against the advancing paces of the society. Meanwhile, it also paves the way for the reform of Emperor Wen in Han Dynasty. In the second chapter I divide the corporal punishment in the early Han Dynasty into 3 parts according to the time. The first part is from the Emperor GaoZu of Han Dynasty to the Empress Lu. At last I draw a conclusion that the corporal punishment will be abolished in the early Han Dynasty. It is an unavoidable result of the development of history. Part two is the main part of the essay, which states the corporal punishment of the development from Emperor Wen to Emperor Jing in Han Dynasty. It mainly focus on the history background, the measures and the significance of the reform made by Emperor Wen. And in the third part, the author gives an introduction of the development of corporal punishment from Emperor Wu to the end of XihanDynasty. The author gives a statement about the punishment of castration according to the records in history. Chapter three contains two parts. The first part is about the brief introduction of corporal punishment in Donghan Dynasty, while the second part mainly introduces the argument of the reuse of corporal punishment between Han Dynasty and Wei Dynasty, which gives a detailed introduction about the content of the three arguments about the reuse of corporal punishment. And according to the history materials, the author concludes the main conflicts between supporters and opponents and the result of the argument. The author also explores the causes of the result and the significance of the arguments. Eventually, the author naturally gives a conclusion.Furthermore, the author also realizes that it is not only very important for us to learn about the development of China's legal system history, but also of great significance to the construction of modern socialism legal system by studying the corporal punishment thoroughly in Han Dynasty. |
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