Study On The Cautious Penalty In The Tang Dynasty

Talking about punishment in ancient China, most people have a negative, cruel impression, thinking of torture. Ancient feudal society indeed exist severe punishment and torture, but after farther study we will find that there are also humane aspects of ancient Chinese Humanity. The core of Confucianism is "benevolence", benevolent, became the orthodoxy of the feudal period. Severe punishment and torture, "do not teach and punish" is contrary to the Confucian orthodoxy. While mainstream regardless of ideology, the ultimate goal is to maintain the feudal rulers of their rule, but the long-term influence of the world by this thought, regardless of social status in are subtly influenced by Confucianism from the spiritual to act people affected, especially the ruling class, Confucian thought benevolent government has become the norm of their actions, most are open to this idea, even the emperor has supreme power, even if it can do whatever they want, ignoring the system to changes in policy, but still can not free to change the ethics of contemporary morality. Emperors intended immortalized forever in the annals, we need the moral order in the Confucian classics as statecraft."Cautious Punishment" Thought is the rule of feudal society thought a particularly important aspect. "Cautious Punishment" Thought is the integration of Confucian benevolence of government thinking in the law, reflects our ancient legal system in human care. Confucianism as China’s feudal society during the long rule of thought, cautious punishment doctrine it contains is also respected by the DPRK generations. As the heyday of China’s feudal period, the spirit and practice of Thought of Cautious Punishment in Tang Dynasty have been fully reflected. This article intent by the same time the Tang Dynasty Thought of Cautious Punishment, institutional study and research, but also cautious punishment reflects China’s feudal period to make a sort depth of its social and cultural factors analysis of influence in order to cautious punishment thought has a new, more comprehensive understanding.Based on the research of the cautious punishment thought and system in the Tang dynasty, cautious punishment not only include the traditional sense of the light punishment, it also includes some other reasonable form. The manifestation of the Tang dynasty cautious punishment thought and system influence a lot, after exploring the social and cultural roots behind, analyze the cautious punishment thought enlightment to the modern judicial and legislation, play a role-based organizations to provide a theoretical guidance and practical significance of reference.