Study On The Practice Of Zhu Yuanzhang's Penalty

Doctrine of severe punishment is an important feature of China ancient legal practice.And the practice of Zhu Yuanzhang's severe punishment is a typical representative of the traditional doctrine of severe punishment of China.Study on the doctrine of severe punishment tradition of ancient Chinese have to attach importance to research on the practice of Zhu Yuanzhang's severe punishment.The content of Zhu Yuanzhang's severe punishment practice mainly includes: to aggravate the legally prescribed punishment of < Daming law >,to punish severely the Ten particularly serious crimes,to rectify officials by using severe law,to punish severely criminal behavior of ordinary people,cruel judicial,to use penalty outside the law,and so on.The theory basis of Zhu Yuanzhang's severe punishment practice is the thought of “Ming Xing Bi Jiao”.The thought of “Ming Xing Bi Jiao” has natural gene of severe punishment,not only provide a theoretical basis for Zhu Yuanzhang to solve the plight of severe punishment practice,but also become Zhu Yuanzhang's ideological weapon to strengthen severe punishment practice.Zhu Yuanzhang's severe punishment practice is closely related with the social environment at that time.In other words,the "chaotic" social environment have an urgent demand for "severe punishment " at the beginning of Ming dynasty,and the social demand is the social root of Zhu Yuanzhang's severe punishment practice occurrence development.That is to say,Zhu Yuanzhang's severe punishment practice is a reflection of the social demand,its purpose is to control the " troubled times ",to achieve good social order and comprehensive governance.In addition,Zhu Yuanzhang's severe punishment practice is also affected and restricted by other factors,namely Zhu Yuanzhang's severe punishment practice is closely related to the prevalent traditional cultural of severe punishment for thousands of years at China,its basic content and features did not go beyond the category of tradition of severe punishment.At the same time,Zhu Yuanzhang's psychological character of subjective factors have come into being a effect that can not be ignored for the formation and implementation of Zhu Yuanzhang's severe punishment practice and for the formulation and implementation of law.Therefore,the author can draw such a conclusion:Zhu Yuanzhang's severe punishment practice comes from but differ from the prior tradition of severe punishment.The essence of Zhu Yuanzhang's severe punishment practice is the special emphasis and expression on the culture of severe punishment tradition in the specific historical conditions.The effect of severe punishment tradition is profound and lasting,this is the magic power of culture.However,the influence of culture does not distinguish between "good" and "bad",it does not step down from the stage of history because of some traditions suited era have become history.In the process of Chinese rule of law modernization,traditional legal culture will inevitably continue to play adverse or beneficial effect,so,the attitude that we treat the traditional legal culture should be cautious of the "critical inheritance".