On The Chinese Ancient Exiled System

Chinese ancient punishment is the important constituent in ancient legal system, his development and changes also is the entire Chinese society development and progress of the concentration. The penalty system of development and change is the result of multiple layers.It has different characteristics with the times and different authorities also have different measures. But total development trend is to the original barbaric, backward, cruelty towards civilization and cautious punishment direction.The exiled system is a kind of criminal exiled criminal to remote areas。 In ancient China it not only has a long history, but also in Chinese ancient law has an important position. In the concept of local strong Chinese ancient, exile either mentally or materially to the exiled criminals have great harm, but also become the exile punishment after death penalty. The earliest exiled system documented in<The Book of History>. However, the emergence of pandemic is early, but it not appeared in judicial practice at the beginning, and from sporadic as a penalty without the law and application develops gradually to become regular penalty types. Until the law of Sui dynasty, it was officially included in the national legal system, to stand as Feudal Five Cardinal was officially established, and has been used from the Tang Dynasty to the Qing dynasty. Exiled in deciding one was included in the law, just began to be applied in judicial practice. The Exiled system has not been officially stated in the law, it were used randomness, the content and means of implementation is based on power and jurisdiction, personal meaning and change, so the Exiled System in the early exhibits a wide variety of form. The Exile System were determined by the Tang law, since the feudal society of exile are based, even there were all kinds of exiled additional penalties or alternative penalty system later, the basic form of exiled penalty has never changed.Law is a product of social economic relations and political relations. China is a country with long history, many traditional ideas and culture do not change with the different social systems and development of productive forces. A good law is not only depends on its logical integrity and accurate words, it should meet the basic human nature and the general public’s view. In such a social environment, the previous generation of law and its ideology has significant reference to modern Chinese legislation. Modern Chinese legislation can not completely abandon the former law, we must ignoring the national conditions, and should meet the needs of modern law,contact with the Chinese basic national conditions and their own characteristics to establish contain justice and accepted by the public law system. This article’research angle is the Exiled System’changes and its reason, through to the penalty system research in subtle changes, find out the similarities and differences, and the social changes to the legal effect.Through the historical experience and results, can promote the contemporary law making and development.