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Study Of The Kun(é«¡) Punishment And Its Related Problems In Qin And Han Dynasties

Posted on:2016-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:R Y ShanFull Text:PDF
GTID:2296330479987867Subject:Legal history
Abstract/Summary:
Kun(髡)punishment in traditional historical appear a lot, but a lot of problems associated with it have no answer. Reason is quite likely the researchers contrast analysis of the available material is inadequately. Due to the lack of enough academic circles to Kun( 髡) punishment applicable way to specific historical materials and indecisiveness,we can’t make a sure answer what is the victim look like when be punished by Kun(髡)punishment. This Thesis tries to start with the way of writing,analysis what is the image who be hearted by Kun(髡)punishment.This article first summarizes the evolution of the various parts of kun(髡)word in Oracle, Jin, Xiao Zhuan and other ancients words. Then Speculate the image meaning may have behind each shape,And Find Kun( 髡) word meaning of images. This article attempts to provide a possibility of speculation. At the beginning,kun( 髡)punishment may be means the victim’s hair shaved.But until the Qin and Han dynasties appeared the standard of “shaved to inch”which recorded in historical documents.The way how to use kun(髡)punishment, are not the same in different periods.After comparison of different materials, kun( 髡) punishment in Qin period may include only pure shaved punishment.To the early Han Dynasty, a new penalty had appeared which is kun( 髡) punishment combine with qian punishment,and beextensive used in the Han Wen Emperor.(This thesis call these different penalties“composite kun(髡)punishment”which are others punishment combine with kun(髡)punishment)On the whole above, kun(髡)punishment and composite kun(髡)punishment,had throughed the change from just shaving victim’s hair off to combining with other penalties.In the past research, Scholars paid little attention to Kun(髡) punishment and composite kun( 髡) punishment reflect the nature are The official punishment or lynching. This thesis argues that,different times, kun(髡)punishment and composite kun(髡)punishment reflects different emphasis on nature.On the other hand,from the importanence of complete hair toancients, we can see Not just from the traditional ritual and piety thought but slso the idea of yin and yang,the social customs at that time can let people attach great importance to the hair. This is also the reason for the kun(髡) punishment existent as a kind of shame criminal When thesis discuss this problem, there are 2 targets:First of all, why was kun( 髡)punishment and composite kun( 髡) punishment with shame nature?;secendly, If kun(髡) punishment and composite kun(髡)punishment contains meaning of causing the victim fear, which makes it with a certain function like stop criminal by punishment?The disappearance of kun( 髡) punishment,composite kun( 髡)punishment, not only one or a main reason. This thesis try to prove the Around the country’s religious invasion,national customs fusion, Cross-cultural communication and the social backgrand at that time are all the two cause of the disappearance of kun( 髡)punishment this thesis talk about.
Keywords/Search Tags:Kun(é«¡)punishment, Shame punishment, lynching, the thought of yinyang and wuxing
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