Research On The Retributive Punishment Thought In Traditional Chinese Death Penalty

What we usually call the retributive punishment is the theory of the western criminal classical school.However,what the article want to research is the traditional Chinese retributive punishment thought,and the death penalty embodies this kind of thought.Therefore,the article will analyze this thought from the traditional Chinese penalty.How does the traditional Chinese retributive punishment develop step by step,and the theoretical basis of its development is discussed by the article,and further analyses the retributive punishment thought through the specific analysis of this thought in the traditional Chinese death penalty.Of course,the traditional research is to serve the present better.The study of the traditional Chinese retributive punishment thought may help us to explain some of the current criminal law theory and better understand some social phenomena.The article is divided into three parts and four chapters.The first part contains a chapter,which is about the general theory of the retributive thinking,the retributive punishment and the retributive punishment thought,and it is a review of the origin and development of the retributive punishment thought.How does the thought develop from the original revenge to the retributive thinking that can be universally accepted,and then develops into a retributive punishment imposed by the state's public power,finally concise it into a criminal law thought--the retributive punishment thought.What kind of development process has been experienced in this process,and what is the relationship among those three,and will be analyzed one by one in the first part;the second part contains two chapters.The article will do a specific analysis of the retributive punishment thought in the traditional Chinese penalty.First this part will explore the evolution of the death penalty in traditional China,and then from large to small,chose of greater typically Tang Dynasty to analyze the expression of the retributive punishment thought in the death penalty,finally research the theoretical basis of this thought and analyze the various factors that contribute to it;the third part contains the last chapter.The article will put into the contemporary vision,through a case to illustrate the retributive punishment thought still have an influence on the contemporary,and then illustrate the value of this thought to explain that it still has a contemporary value.