Research On The Criminal Punishment System Of Pregnant Women In Ancient China

This paper mainly discusses the legislative background and purpose,specific measures,judicial cases,comprehensive evaluation of the criminal punishment system of pregnant women in ancient China and some reference significance for the current criminal punishment system of pregnant women in China.The special criminal punishment system of pregnant women is not appeared in modern times,nor an "imported product" brought by the foreign humanitarian spirit.The criminal punishment system of pregnant women in ancient China was established and continuously improved under the legislative background of forgiving and giving priority to children,and the legislative purpose of maintaining the rule and protecting the pregnant women's right to bear and the fetus' s right to life.It has been existing in China since the birth of the slavery society to the Han Dynasty and has been continuously optimized.This paper analyzes the system of custody,the system of torture and the system of execution outside prison,the probation system of death penalty of pregnant women crime ? the system of punishment exemption and redemption for other punishments,etc.Combined with three judicial cases of death penalty for pregnant women,this paper summarizes the four characteristics of ancient China's criminal punishment system of pregnant women: Be cautious in imposing punishments to show benevolence;Didn't affect the fight against major crimes such as conspiracy;Attach importance to fetus;And the ruler's personal will is above the legal system.These are closely related to the legislative purpose of the criminal punishment system for pregnant women in ancient China.The criminal punishment system of pregnant women in ancient China has both positive significance and many imperfect places.Although it conforms to the spirit of "Humanitarianism",also maintains the feudal rule.However,as a feudal legal system,it can't escape from the historical limitations such as the legal system dominated by imperial power?lacked consistency because of the change of dynasties?lacked of fairness?ignored the importance of mother's education to children.Even so,for today's society,the criminal punishment system of pregnant women is not very complete and mature,and even use pregnant women identity to speculate.For that,the ancient China's criminal punishment system of pregnant women still has great significance forreference.It can provide a thinking direction for the current system and measures on how to both protect the physical and mental health of pregnant women and fetuses,and how to achieve the dual consideration of the purpose of criminal punishment.So it can reduce the crime of pregnant women,achieve family harmony,and maintain social stability.