北朝胡汉融合视域下中古“五刑”刑罚体系形成史新论

周东平; 薛夷风

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May 2021

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Citation: Dongping ZHOU and Yifeng XUE. On a New Theory of the History Regarding the Formation of the Medieval Penalty System of “Five Punishments” against the Backdrop of the Hu-Han Fusion in Northern Dynasty[J]. Academic Monthly, 2021, 53(3): 181-192. shu

On a New Theory of the History Regarding the Formation of the Medieval Penalty System of “Five Punishments” against the Backdrop of the Hu-Han Fusion in Northern Dynasty

Abstract

The so-called“Five Punishment” penalty system in ancient times is a viewpoint influenced by Confucian classics and the idea of “Five Elements” developed by Zou Yan during the Warring States period. Against the backdrop that laws and decrees were not codified, it is hard to confirm that there exited “Five Punishment” penalty system in Qin Dynasty and early Han Dynasty, letting alone in pre-Qin period. Wei Cao’s promulgation of the code mentioned “creating Five Punishment in accordance with ancient meaning”, which is a practical exploration regarded as a turning point. After this, the minority-reigning dynasties in Northern Dynasties period has impacted on medieval legal history. One of the highlight was the significant bearing that Hu-Han Fusion had on forming the medieval penalty system of “Five Punishment”, ranging from the change of meaning of “penalty”, the unprecedented role of North Wei Dynasty’s inclusion of hanging into law in law-making regarding death penalty in China, exile’s winding into penal code in Northern Dynasty, the variation of caning, to the temporary revival of castration. All these are thus inspiring for us to tease out Chinese ancient history regarding punishment, especially to learn about the history regarding the formation of the medieval penalty system of “Five Punishments” and the “New China” in Sui and Tang Dynasties from a refreshing perspective.
- Five Punishment,
- Hu-Han fusion,
- hanging,
- exile,
- penalty system
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通讯作者: 陈斌, bchen63@163.com

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沈阳化工大学材料科学与工程学院沈阳 110142

On a New Theory of the History Regarding the Formation of the Medieval Penalty System of “Five Punishments” against the Backdrop of the Hu-Han Fusion in Northern Dynasty

Dongping ZHOU
Yifeng XUE

Available Online: 2021-03-22

Abstract: The so-called“Five Punishment” penalty system in ancient times is a viewpoint influenced by Confucian classics and the idea of “Five Elements” developed by Zou Yan during the Warring States period. Against the backdrop that laws and decrees were not codified, it is hard to confirm that there exited “Five Punishment” penalty system in Qin Dynasty and early Han Dynasty, letting alone in pre-Qin period. Wei Cao’s promulgation of the code mentioned “creating Five Punishment in accordance with ancient meaning”, which is a practical exploration regarded as a turning point. After this, the minority-reigning dynasties in Northern Dynasties period has impacted on medieval legal history. One of the highlight was the significant bearing that Hu-Han Fusion had on forming the medieval penalty system of “Five Punishment”, ranging from the change of meaning of “penalty”, the unprecedented role of North Wei Dynasty’s inclusion of hanging into law in law-making regarding death penalty in China, exile’s winding into penal code in Northern Dynasty, the variation of caning, to the temporary revival of castration. All these are thus inspiring for us to tease out Chinese ancient history regarding punishment, especially to learn about the history regarding the formation of the medieval penalty system of “Five Punishments” and the “New China” in Sui and Tang Dynasties from a refreshing perspective.

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通讯作者: 陈斌, bchen63@163.com

On a New Theory of the History Regarding the Formation of the Medieval Penalty System of “Five Punishments” against the Backdrop of the Hu-Han Fusion in Northern Dynasty

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