Evolution And Causes Of The Banishment Of Ancient China

The penalty of exile have appeared in many parts of the world, such as the ancient China, ancient India, the ancient Greeks, tsarist Russia. And the system of exile existed in America even before the nineteenth century. In ancient China the penalty of exile have experienced the whole process from production to development and evolution, then to disappearance, so it can be considered as the typical representative of exile system, which has a high value for study and can be used as reference specimens of exile system in other countries. Meanwhile, it can contribute to the study of other penalty.The penalty of exile means that the criminals must be escorted to remote places to serve and they can not leave those remote places. First, the penalty of exile restricted freedom, which restrict the relative freedom. Secondly, the penalty has characters of universality and implication. Finally, it has the character of spirit, which has some similarities to ancient stigma punishment, but their viewpoints are different.The development of Chinese ancient exile can be divided into two stages. The first stage is from the pre-Qin Dynasty to Tang Dynasty, in this period, the exile modality is quite traditional, which is in the form of pure banish. The second stage is from Song Dynasty to Qing Dynasty. Traditional banish is seldom used in this period, yet some additional punishment is added, such as the method of tattoo and the ways to dispatch criminal to the army.Any historical events are not accidently emerged or developed. They must have some certain causes behind these events. First of all, as a part of the law, it will be closely related with national policies, which means serving country with maximum limit. In other words, the evolution of exile punishment reflects the changes of country policy in certain period. Secondly, the change of exile punishment is closely linked by another important punishment, namely corporal punishment. Thirdly, the development and evolution of exile punishment is also influenced by other ethnic culture, especially the surrounding national minorities culture.