| Humiliating Punishment,as a form of penalty,has been considered as a kind of inhuman and merciless punishment.So far,the majority of the nations in the world,apart from minority nations like Singapore,have abolished the typical Humiliating Punishment.Our country has abolished the this kind of punishment since the amendment to laws in late Qing Dynasty.However,although Chinese Ancient Humiliating Punishment has been considered as inhumanity,it had been used as a form of penalty over thousands of years,and had a place in the legal system.There should be something reasonable and necessary in that.Therefore,now we can do a value exploration about it,and find the revelation to the modern criminal punishment on the premises that we uphold a humanistic view of penalty.Chinese Ancient Humiliating Punishment generated and developed in a particular social circumstance and thinking environment,which showed the traditional value attitudes and beliefs of law like Confucianism,Patriarchal ideology in traditional legal system.Furthermore,the characteristics of the times and the related penal idea that reflected from the evolution of Chinese Ancient Humiliating Punishment worth to be scrutinized.This thesis is mainly discuss the definition of Chinese Ancient Humiliating Punishment,and still the evolution process of it.Aiming to find out the relationship between Chinese Ancient Humiliating Punishment and the Chinese traditional ideology,social structure,to analysis the influence of Chinese Ancient Humiliating Punishment,and to find the modern significance of constructing the criminal punishment system out in Chinese Ancient Humiliating Punishment.In the preamble,this article expounds and analyses the gradual progress of the definition of humiliating punishment as well as its domestic and foreign research status,and try to give the writer’s own opinion about the definition of humiliating punishment.In the aspect of expounding the definition of humiliating punishment,this article make an analysis through the elaboration and analysis of predecessors’ research,as well as the current definition of humiliating punishment.According to this basis,the definition of humiliating punishment in this article is defined.The definition is changed from the classification that use the way of the purpose of the penalty and the way of the forms of punishment as the main criterion,to use the purpose of punishment as the main criterion.In this paper,the status quo of domestic research is divided into the combing of professional writings,combing journals and combing academic papers.The main contents of this paper are the main contents of the journal.Expounded and pointed out the existence of the doubts,and as the main content of this article to start.In the first part,this paper discusses and analyzes the evolution of ancient Chinese humiliation.Combined with the characteristics of the development of ancient Chinese humiliation in different periods of time to its evolution process is divided into three periods,namely,Yao and Shun Yu period,the Xia Dynasty to the Han Dynasty imperial penalty system reform period,the Han Dynasty imperial law system reform late Qing Dynasty repair period.In the period of Yao and Shun Yu’s shame is in the embryonic stage,the content of the criminal law is mainly through the external form of change to mark the perpetrators,called the like punishment.In the period from the Xia Dynasty to the Han Dynasty,the clan tribe,which became a link to the relationship of the blood clan,gradually evolved into a feudal state with regional ties.The original social norms and ethnic customs were no longer effective because the more brutal punishment was ruled In the favor,so as to extend the way to the body for the punishment of the shame of punishment,Mo punishment,Yi punishment,Yue punishment,abandoned the city,and the punishment of flogging and lashing,etc.;the form of humiliating punishment that damage the hair on the human body and head.In addition to the ancient elephant’s remnant: Ming punishment.At the end of the first part,this paper draws out the general trend of the evolution of the ancient Chinese shameful decrees through the content and characteristics of the shameful punishment in three periods,that is,the whole trend is from heavy to heavy.In the second part,this article analyzes the ancient ideology and culture,such as the culture of slavery,the pre-Qin Confucianism,the thoughts of the sense of shame and the patriarchal thought in the Song and Qing dynasties,in the process of evolution of ancient Chinese shame punishment in the process of evolution,which are help to explore its impact on the evolution of ancient Chinese humiliation,and to find out the casual relationship between the ideology system and the punishment system which can help us to consummate the punishment system nowadays.In the third part,on the basis of the exposition of the ancient Chinese humiliation in the first two parts,this paper elaborates the influence of the historical data on the ancient Chinese humiliation punishment,mainly because of its influence on the whole of the penalty system and the role played by the use Elaborated.That is,the promotion of the penalty in China and the promotion of the penalty in the ancient Chinese,as a separate application as a light punishment,as a substitute for torture and as a replacement for the death penalty to play a role,and also in the course of the use of punishment to play a deterrent effect and appease the role.In the fourth part,this article through the previous part of the discussion,that is,the evolution of ancient Chinese humiliation and its characteristics,the ancient Chinese humiliation of the ideological basis and its impact and role,and then explore its revelation to the contemporary,Although the humiliation of punishment has been included in China,including most countries around the world abandoned,but its existence on the contemporary system of punishment and lessons learned,like we can through the ideological and cultural education,strengthen people’s sense of shame culture,through the ideological level of education and punishment and so on. |
