The Legal Culture Of Ancient Chinese Five Punishments System Analysis

“Five punishments” is five kinds of the Chinese ancient basic penal system, which dates from slave society, stereotyping in the Sui and Tang dynasties. It behaved most concise in the “Law of Tang Dynasty”, and it was specific in Song, Yuan, Ming and Qing Dynasties. “Five punishments” is not only an important part of ancient Chinese legal system, but also the core of Chinese penal system. Research on Chinese ancient punishment has always been an important issue in the history of criminal law. Starting from the late Qing Dynasty, the issue became to go into the vision of scholars. Scholars analyzed and studied the criminal law systematically from featuring the ancient statutes of punishment. But we also see that the academic study of criminal law is a particular kind of object, lacking in integrity of research and diachronic on it. How did the criminal law evolve step by step? How to develop from corporal punishment to the physical torture? How did the new criminal law produce? Why did it exist? What was the concept of development? Particularly, what was the legal and cultural connotation behind the five punishments? All of those problems are worth considering.In this paper, five punishments system are the base of study, which uses sociology of law, Perspectives and legal anthropology. The passage discusses legal and cultural issues to explore the evolution of ancient Chinese five punishments system. The ideas on the law of the constitution, applies philosophy, social science, anthropology, psychology, ethics and certain natural sciences which is interdisciplinary research topics, related to the general principles of legal culture, and the basis of five punishments involving systems, development, function, feature, Law, Law aspects of the system, law norms, but also involves the impact of the current system of ancient five punishments penal system.This paper consists of five parts. In the first part, it analyzes the basic connotation and research methods. Legal culture develops from ancient times to the present with integrity, both macroscopic and microcosmic, both static but also dynamic, both historical but also a reality. This paper focuses on two aspects of legal culture in ancient China five punishments System.The second part focuses on the evolution of five punishments system, through the development of research on Xia Shang and Zhou, Qin, Han, Three Kingdoms, Southern and Northern Dynasties, Sui, Tang and Ming and Qing of five punishments system, analysis of historical causes of it's five punishments institutional change.The third part of the passage concentrates on the evolution of the characteristics of the system which reflects the development of economy and the main idea of the rulers. It also reflects the influence on our contemporary penal system.The main idea of the fourth part is to study the historical roots of five punishments system. five punishments system how to "five" classified punishment by shirt concept analysis, reflects our humanitarian concern ancient study of retribution concept, explained the reasons for the penalty legislation.The fifth part focuses on how to improve our contemporary penal system. From the disadvantages and shortcomings of current penalty system, we should reform and improve the penal system.