The Research On The Development And Evolution Of Penal Servitude In Qin And Han Dynasties

No matter what kind of social form,the nature of the penalty is a punishment mechanism for the state to violate the criminal law,the purpose is to safeguard the interests of the ruling class and maintain social justice.The contents of penalty in different historical periods reflect the social ideas and ideological changes.In this paper,as the research object of punishment penal servitude in Qin and Han Dynasties,Qin and Han Dynasties to penal servitude refers to criminals,prison life and social status of research and analysis,to clarify the development and evolvement of the penal servitude,the main contents are as follows:The first chapter,about five kinds of penal servitude of Qin and Han dynasties.According to the city through the bamboo slips,Dan Chong,ghost white charm,which paid his concubine,and Sikou pattern analysis of punishment,the punishment is Chong Chengdan penalty punishment in the highest level of service and the application in serious criminal offenses,and not just for Chengdan for female prisoners,two pound.You can cross service.White and Chengdan ghost salary can Chong should be the same grade of punishment,is not only for the privilege of nobility.As a transitional penalty of the heavy punishment and light punishment,the governor's concubine played a buffer role in the penalty system.Sikou and waiting as a light criminal for a minor crime,the main duty is to detect the enemy,supervise felons in service.On the Qin and Han Dynasty penal servitude of macro analysis,so as to clear the development of penal servitude.The second chapter,penal servitude sentence of Qin and Han dynasties.According to documents and the senior scholars point of view,put forward their own views for penal servitude.The Qin Dynasty to penal servitude life imprisonment for the mainstream,but due to the reasonable sentencing,the need to balance the penalty system,there are "Cheng dan Chung six" in this particular case,the period of punishment,so the Qin Dynasty have bud punishment,but the lack of growth of the soil.In the Han Emperor penal system reform,to penal servitude is punishment,punishment standard serving content to the severity of the jail time by the length of penal servitude.The third chapter,on the research and analysis of the "penal servitude,Kun Nai and Wan" punishment.These three kinds of forms according to the intention of speaking,"Kun,resistance" is not in dispute,but the "end" punishment after the emergence of the relationship between the three is in disarray.The past scholars often only from the legal perspective to explain the forms,often can not accurately grasp the meaning of.In this paper,the three kinds of forms in different stages of interpretation,with the background of that time,the "Wan" punishment is interpreted as "Kun" or "Nai" is better in the Qin and early Han Dynasty,the emperor after the reform,the "Wan" of criminal explanation for the intact meaning,which is close to the meaning of today.Overall,Qin and Han Dynasties labor criminal penalty system emerged from complex to simple trend,the law also tends to humanity and civilization.Qin and Han Dynasties is an important period of ancient punishment of establishment and development,analysis and study of the Qin and Han Dynasties penal servitude,contribute to the development of the penalty to clarify evolution,in-depth understanding of Qin state control and social development.