Ancient Autumn And Winter Execution System And Its Theoretical Debate Research

The firstly "Autumn and Winter Execution" thought sprouted in the Western Zhou Dynasty,last page.The "Yellow Emperor Four Classics" in the Warring States Period had a specific discussion on the "autumn and winter execution" thought.Later,Guan Zi Shi,Book of Rites.YueLing and other documents were developed on this basis,but they were not put into practice in judicial practice and still remained at the ideological level.In the Han Dynasty,the theory of the "Sense of Heaven and Man" systematically demonstrated the thought of "Autumn and Winter Execution",give impetus to the field of judicial practice and gradually institutionalized,and its legislative reform also caused a certain theoretical debate.At the theoretical level,under the systematic demonstration of the theory of "induction of man and nature",the thought of "autumn and winter execution" in the Han Dynasty has been systematically developed,and promoted into the field of judicial practice,and continued to practice and develop.In terms of system,has been institutionalized development thought of "qiu dong the execution",its "yuanhe change law" and "theory of midsummer settle a lawsuit"argument,"qiu dong the execution"’ a change in the specific ShiYue behind it are both the express of Confucianism legalization,and enveloped thought collisions with the judicial practice,this is still the autumn/winter theory debate within the framework of system of execution.Later,after the Wei,Jin,Southern and Northern Dynasties system development and evolution,to the Sui and Tang Dynasties autumn and winter execution system and minor crime has no longer happened.In the Tang Dynasty,the thought of execution in autumn and winter was highly developed and institutionalized and improved in the field of judicial practice.However,Liu Zongyuan’s systematic criticism of the system of execution in autumn and winter in "On the Theory of Punishment" also caused great theoretical disputes.On the theoretical level,the open culture of the Tang Dynasty and the integration of Buddhism,Taoism and Confucianism give impetus to the development of the thought.The "slaughter month" and "slaughter day" were stipulated to enrich the thought of execution in autumn and winter.In terms of the system,the law of the Tang Dynasty provided that violators of the provisions of punishment and death in a certain criminal responsibility,to further strengthen the practice of the autumn and winter execution system in the field of judicial practice,the Tang Dynasty can be described as the high development period of the autumn and winter execution system.In the Tang Dynasty,Liu Zongyuan systematically criticized the execution of punishment in autumn and winter in his "On Breaking Punishment".Liu Zongyuan criticized the execution system in autumn and winter based on the argument of"the relationship between man and nature".However,due to historical and political reasons,it failed in the end.Although this theory has been criticized,the Song and Yuan Dynasties still inherited the autumn and winter execution system,and gradually developed and improved it.In the Ming and Qing Dynasties,the system of execution in autumn and winter is no longer controversial,and it has already become a part of Chinese legal culture.From the end of the Western Zhou Dynasty to the Ming and Qing dynasties,the famous system of autumn and court trial was derived.Ming and Qing Dynasties,for the complete period of the autumn and winter execution system,it make complete regulations on the month and day of criminal killings,it’s system evolved too,develop the procedure for judicial review of death sentences,as autumn trial and trial,known as a generation of "autumn Aperture".Through the research on the historical materials of the thought of "autumn and winter execution" in the early stage,the high development of the autumn and winter execution system in the Han Dynasty,the institutionalization of the Tang Dynasty till the Ming and Qing dynasties.It’s enough to see how much attention.Although it eventually disappeared in the late Qing Dynasty,the concept of "unity of nature and man" contained in it is still precious today!On the basis of the historical data research on the system of execution in autumn and winter in ancient China and its theoretical debate,this paper makes an objective analysis of its own,in order to explore the legal thought behind it,in order to have reference significance to the present society.