Research On The Practice Of Prudent Punishment In The Book Of Pastoral Orders And Criminal Names

As one of the important contents of traditional Chinese criminal punishment,the concept of prudent punishment plays an important role in the development of traditional Chinese legal culture.In addition to enriching its theoretical core,the study of the concept of prudent punishment is also an indispensable part of its practical analysis in judicial activities.Prudent use of punishment is one of the inevitable requirements of the concept of prudent punishment,and it is also a necessary quality for officials,especially local officials.Local officials confront the people,and it is through them that the policies of the state are implemented to ordinary people.Therefore,how to carry out judicial practice under the guidance of the concept of prudent criminal punishment and how to correctly and rationally use criminal punishment is also an important part of the judicial functions of grassroots officials.As one of the official maxims of the Qing Dynasty,the Book of Pastoral Orders collects the articles of local officials and some scholars in the early and middle Qing Dynasty,which has an important impact on how prefecture and county officials in the Qing Dynasty acted as officials,how to govern the people,and govern the localities,and also has important research value.The concept of prudent punishment is reflected in many aspects in judicial practice,and the use of criminal punishment is one of them.In judicial practice,punishments such as flogging,clamping sticks,and flails are most commonly applied,and the requirements of caution in the specific application of different punishments are not exactly the same.As a common punishment used by state and county officials in the judiciary,the cane has an important position in the penal system and has greater autonomy,and the restrictions in its implementation process are more comprehensive and specific.In addition to the provisions in the legislation on the size and weight of flogging torture equipment,there are still many problems that need attention in the use of flogging punishment in practice.Stick punishment is mostly used for torture in order to obtain confessions from prisoners,while the purpose of the shackles is mainly to insult prisoners psychologically.The purpose of the two is different,so the restrictions on the two are different from the perspective of prudential punishment.In addition to the differences between each punishment based on the purpose of setting up and the specifications of the torture instrument,the punishment still has great commonality in practice,the most important core is to pay attention to the protection of the people,not to arbitrarily use torture to harm the people,and to achieve the purpose of protecting and educating the people through the use of punishment.As one of the representative works of the official proverbs of the Qing Dynasty,it is inevitable that it will have an impact on prefecture and county officials.The thinking of state and county officials on the concept of prudent punishment is based on their own handling of cases and the actual income of the people,which has higher practicality,reflecting the local practicality and reasonable feasibility of the concept of prudent sentence,and also more reflecting the importance of the core concept of "benevolence",the concept of prudent sentence,to state and county officials and the people under their rule.