Study Of Ancient Chinese System Of Capital Punishment

This article takes "Research of China ancient time's death penalty system" as a topic, "Take the cautious punishment as the angle of view" is the subtitle. Obtained from the ancient time's death penalty system inspection, Discussion ancient times death penalty system origin and development, Narration ancient time's death penalty system suitable principle, and proposes in this foundation to our country present death penalty system model and the consummation. The full text by the foreword, three ' main bodies part and the concluding remark is composed, total 30,000 characters.Foreword partial: The introduction selected topic process, elaborated the research ancient time's death penalty system had the significant theory value and the legislation, the judicial significance, and carried on the brief induction to the this article approximate vein.First part: China ancient time's death penalty system basic survey. Looked over the ancient times each dynasty history and the present situation, the death penalty system follows the human society the development advancement to pass through the number millennium course. In this part, author from two levels inspections ancient times death penalty system: (1) the death penalty origins the theory inquired about that, from the death penalty origin, the death penalty had the reason which the time and the death penalty produced to outline our country ancient times the death penalty origin. (2) Death penalty system historical evolution, from two kinds of societies' death penalty systems as well as respective characteristic detailed elaboration.Second part: Ancient time's death penalty system suitable cautious punishment basic principle. As the criminal law system in an indispensable part, the death penalty system has the deep rationale, also is its suitable basic principle. This part launches the proof from the day Daoism temple and beauty harmonious view and Confucianism's cautious punishment thought two levels to the death penalty system suitable basic principle, in carries on in the summary introduction foundation to above two theories to carry on the evaluation to the cautious punishment principle.Third part: Cautious punishment thought in ancient time's death penalty system manifesting. The cautious punishment thought all has in successive dynasties all previous dynasties manifests, this part of authors embark from the substantive law and the procedural law, make concrete to the age system, the classified system, the time system, the special object system, the fall winter execute the system, record imprisons the system remit the system, reexamine the system to summarize elaborate and perform simply to analyze.Fourth part: Ancient time's death penalty system to contemporary enlightenment. This part of authors can unify the present death penalty system, carried on screening to the ancient times death penalty system, provided the model for the present system, carried on the consummation. Concrete is: Constructs the construction death penalty to remit the system, the consummation death penalty reexamines the system and the perfect death penalty relief system.Concluding remark partial: Carries on to the author about death penalty system standpoint reiterated that, avoids to this article nonessential misunderstanding.