Study On Banishment Punishment In Ming Dynasty

In the Ming dynasty,it was a punishment for criminals to escort the prisoners to the designated guards,to engage in forced hoarding or to enrich the military.As the punishment beyond of "flogging,rod,apprentice,flow,and death",which is the legal system of five punishments,the recharging army made up for the problem of insufficient punishment,and was universally applicable.It was only in the Ming dynasty that it was officially recognized as a statutory punishment.It is closely related to the political system,economic situation,ideological system and cultural tradition of ancient China in the process of legislative development and law application.On the basis of sorting out the legislative and judicial development of the Ming dynasty,this paper summarizes its influence and characteristics,and interprets the punishment of the Ming dynasty from four angles.First of all,it was the social soil in the Ming dynasty.The political monarchy derived from the traditional agricultural economy.Secondly,the imperial punishment in Ming dynasty embodies the cultural tradition of heavy punishment in China for thousands of years.Punishment is not compatible with the crime,and the innocent person was punished.In addition,the Ming dynasty confiscate the punishment of the Confucian culture.It is mainly used in the legislative and judicial application of Confucian filial piety culture and deliberative culture.In the end,the social practicality embodied in the imperial punishment of Ming dynasty.The military punishment solves the problem of the military source of the army.At the same time,the confiscation of the crime of the army,to work instead of punishment,catering to the development of industrial handicraft industry and commodity economy in the Ming dynasty.In this paper,I divide the text into five chapters besides the introduction.The first chapter is a summary of the establishment of the military punishment in the Ming dynasty.The main focus is on five aspects,one is the concept of the army,and the definition of it.The second is the historical evolution of the recharging army,which mainly combing the historical process of the formation of the charging army.The third is to analyze the social background established in the Ming dynasty.The fourth is to point out the relationship between the Ming dynasty's imprisonment and exile.The second chapter is mainly about the legislation and content of the Ming dynasty,mainly from the law of Daming law,Ming dynasty and theregulations of the interrogation and punishment.Chapter three,the application of the punishment.Mainly from three aspects,one is the subject;the second is the applicable behavior;third,trial and execution.Chapter four,on the basis of the previous two chapters on the legislative and judicial studies of the charging army,summarizes the characteristics of the charging army,namely,the implication,the broad application of the crime and the heavy punishment.And analyze the social impact of its application.In chapter five,the cultural interpretation of the punishment of military punishment is mainly from the social soil,the assimilation of Confucian culture and the analysis of social practicability.