Discussion On The Abolition Of Corporal Punishment In The Han Dynasty

Corporal punishment is a method to punish criminals by destroying their organs,limbs and damage the skin,including four: Qing(?),Yi(?),Yue(?),Gong(?).Corporal punishment is an important means for rulers to prevent and control crimes.Corporal punishment originated from Chiyou,which was used and reformed repeatedly before 221 BC.To the Qin dynasty,the punishment is numerous,carnal punishment is applied extensively.The Han dynasty followed the Qin system,corporal punishment still exists.It was not until 167 BC that corporal punishment was abolished.However,after the abolition of corporal punishment,a loophole appeared in the punishment system,which led to the discussion of the abolition of corporal punishment.In the Eastern Han dynasty,the change stimulated the need of adjusting the penal system.Therefore,since AD 38,there have been several discussions on the abolishment of corporal punishment.Among them,the debate on the return to corporal punishment in the late Eastern Han dynasty was the most extensive,and many people participated in the debate.While the two sides discussed the advantages and disadvantages of each other,and the proposal of abolishing corporal punishment,although it had won the upper hand several times,was not really implemented in judicial practice at last,and corporal punishment was not resumed.The debate on the abolishment of corporal punishment in the last years of the Eastern Han dynasty had no result,but it had a far-reaching influence,reflecting the ideological ideas and value tendencies of those who participated in the discussion.For example,it changed from time to time and became the consensus of politicians and thinkers.However,the Confucian thought in the discussion exerted a subtle influence on the ancient Chinese law and promoted the perfection of the ancient Chinese penal system,and these ideas,inspired the later generations debates.