Research Of Penal Servitude Penalty From HAN Dynasty To JIN Dynasty

From Qin and Han to the Wei and Jin Dynasties, Ancient Chinese penalties has undergone a great change: five punishments transition has changed from the old system to the new system. Qin and Han initial penalty system wore a strong color of the old five punishments, corporal punishment led to a major feature of this stage of punishment. Since the Han Dynasty, the penalty system was gradually evolved. Until Sui and Tang,five punishments constituted a new system. corporal punishment has been gradually repealed.banishment has become second only to the death penalty in formal punishment system. In this evolution, on the one hand, penal servitude has been retained among the penal system, with stability. On the other hand, penal servitude and its place in the penal system is also rising change. By changing the penal servitude, punishment can see change in the overall context.In the development of Han and Jin penalty system, the Han Emperor thirteen years reform, is an important point. the program is a rigorous system of law activities. This reform, on the one hand makes independent from penal servitude, among other factors, the evaluation criteria to determine the penalties gradually and a single; but it also makes the lack of intermediate between the death penalty and penal servitude, etc., which could easily lead to a felony or misdemeanor sentenced in mitigation consequences. looking forward and backward from this program, we can find that great change has been undergone.In this paper, the Han Emperor thirteen years of reform began as the center, forward Qin and Han retroactive penal servitude system, penal servitude backward explore the internal structure and the overall status after this change. This paper is structured as follows:The first chapter of the Qin unearthed literature and historical documents, the current status and the current penal Qin and Han dynasties, the Qin and Han to clarify the characteristics of penal servitude, to analyze the structural defects in the penal and penal standards.Chapter thirteen years around the Han Emperor reform launched explain the nature of this reform, and the important changes to the system of penal servitude in terms of the background of the incident involving, people, documents, etc., and noted that its future generations Penalty System positive and negative impact.Chapter III Chapter IV on the basis of Chapter II, and further explore the system of penal servitude in the Eastern Han, the development context, combined with complex waste corporal punishment to discuss the concept of re-institutionalization and five punishments, explore new penal servitude change system formed five punishments role.