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The Song Dynasty Li Method With

Posted on:2012-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:C W XuFull Text:PDF
GTID:2215330338956614Subject:Legal history
Abstract/Summary:PDF Full Text Request
During the long social development process, the penalty system with social development XiangWenMing deried from savage constantly, ancient times that hurt skin, deliberately body abrogation or resumption of the sui dynasty, by 6 century has basically been abolished. But, history into the song dynasty in the 10th century, match five-eighths Li method has made history happened again CiZi reverse, the prisoners face this frightful abrogation or resumption in judicial practice, by the use of Ming and qing dynasties, and have been affected. CiZi purpose in the prisoner face have two:one is the role of play marks, facilitate future pursuit and for the recidivist conviction; Another is to through this punishment way, let the person feel personality punishment loss of and derogatory and dignity spiritual pain. However CiZi damaged, opposite for reducing crime purpose it is extremely adverse. Many criminals embrace "appearance a bad, who answer GuJi" mentality and the ice of pessimism, then crime turned ugly. After the song dynasty rulers recognized the problem, start to prisoners, according to the circumstances of the crime with the different distinguish stab parts for ChuFanZhe left first, since the new hope. CiZi parts in addition, most of the time other than the face of neck, also on criminals of palm-dorsal and arms. This special historical imagination, at least from the surface was broken on the developing direction of penal system. Investigate its social reasons, is feudal society class contradictions and ruling class product of fierce internal contradiction. Rulers Li method is used to create worthy of death and will it condones the special means death penalty instead, so that they can put into the inmate Labour force or reusing military forces. Li punishment with first not applied independently legal XingZhong, in song dynasty basic criminal penalty "song of integration, no rate-and provisions. After the song, match since his Li method in judicial practice gradually be universally applicable. The imperial edicts also related increase, and be included in song dynasty peculiar legislative activities "making up" in the miserable. When emperor song zhenzong Li method, with Ed about the miserable, with 46 years (XiNing song god Pope in), match 1069 Li law have 200 bar. To ChunXi years, have increased to southern Li punishment with more than 57, gradually becoming a widely used new XingZhong often, also lost the original concession deserves WuXing role, becomes the new criminal law outside of feudal system. With the song dynasty Li method, law namely numerous, tortured also heavy. Li method with despite a lot of drawbacks, but for the song dynasty rulers speaking, the existence of Li method with outweigh the costs, thus the system can and song dynasty rule the end.
Keywords/Search Tags:Penalty system, Matchs Li, CiPei, Don't stab surface match, combustion, Pick put, LiuXing
PDF Full Text Request
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