In the primitive society of Yao, Shun and Yu, there were some unwritten rules about punishment. For example, in the Shun era, embezzlement of everyone’s property was equivalent to the crime of robbery and murder. There is a record in the "Han Shu": Since the moral decline and the system of corporal punishment . In fact, it is said that the corporal punishment was enacted as a punishment during the time of the Great Yu to prevent people's moral decline. After the establishment of the Xia Dynasty, the slavery society gradually established the five penalty system: 黥(qing), 劓(yi), 刖(yue), palace, big pip . Although penalties have been changed in later generations, the five-penalty system has continued for more than two thousand years. The five punishments are called normal punishments, and there are some complementary punishments.
The Five Punishments first originated from the You Miao clan, that is, the Chi You tribe. The Five Punishments are similar to the Five Elements Sound, and in fact it has a certain relationship with the Five Elements Theory in ancient China. In "Gongbaihu Tongyi·Five Elements Explanation", it is recorded:
"What are the five elements of punishment? The five elements of law are also. Great opening, the five elements of law to extinguish fire; the palace, the backwater of law and soil; the mutton, the carved wood of law and gold ；The slayer, the law of wood penetrates the soil; the ink, the law of the fire wins the gold.
"Five Elements Dayi" further explains the relationship between the five punishments and the five elements: Fire can turn into gold, so ink enters the flesh; Gold can conquer wood, so take a knife to dig out the patella; wood can conquer the soil, so you can remove its nose; soil can stuff water, the Forbidden City can cut off its licentiousness; water can extinguish fire, so its life can be eliminated.
After Qin Shihuang unified the world, it was his task for this emperor to reform all aspects of society. The penalty in Qin Shihuang’s era has also undergone new changes, mainly 笞(chi), Incarceration, exile, death, meat, humiliation, economy, affiliation , among which the first five categories are equivalent to the modern principal punishment, the latter is the additional punishment.
arrived in the Han Dynasty and inherited The penalty system of the Qin Dynasty. In the era of Emperor Wenwen of the Han Dynasty, the penalty system was reformed. In the thirteenth year of Emperor Wenwen, the corporal punishment was abolished, and the conviction of Qin Dynasty was also abolished. This is an aspect of the progress of the Han Dynasty. , Abandon the cruel corporal punishment, and change it to punishment-based imprisonment, that is, to perform labor. The Han Dynasty has clear regulations on imprisonment:
髡 clamp Chengdanchun, five-year-old sentence; Wanchengdanchun, four-year-old Punishment; Guixian Baichan, three-year-old punishment; Sikou and Zuoru Sikou, both are two-year-old punishment, male punishment and female repetition, both are sentenced from one to three months.
In addition, there is another "Gu Shan" in the Han Dynasty. ", is a penalty only for female criminals, so
is also called "female disciples Gu Shan". It was not until the Three Kingdoms and Two Jin Dynasties that imperial punishment was abolished. Penalties for mutilating limbs were gradually reduced, and I began to think about a new feudalism. The transition to the five punishment system. During this period, flogging and rod punishment appeared, and exile was added to replace the death penalty. "Liang Law" created a precedent for exempting women from the death penalty.
But in the Song Dynasty, the tattoo that was abolished by Emperor Wenwen for more than six hundred years appeared again, that is, the Liangshan hero's army of thieves-stabbing. The Song Dynasty created two new penalties, which have been used by later generations. One is Lingchi punishment is the capital punishment for people who have committed serious crimes, such as treason and other serious crimes. But it has been used more and more widely in the past dynasties. The other is the method of folding the rod, which was invented by Song Taizu as a substitute penalty for heavy punishment. I’ve seen "Water Margin" and know that there is a kind of penalties for killing mighty sticks, which is a bit similar to this.
Yuan law is the customary law at the beginning, when Genghis Khan had beheading, exile, beating the scribble and other penalties, later Gradually transitioned to the five-penalty system of the Han Dynasty and finally implemented. However, there was no hanging in the death penalty, and Ling Chi was the law. The death penalty. The Yuan Dynasty's regulations on tattooing gradually changed to a real warning function. The prisoner commits the crime of theft, first tattooed on the left arm, second time, tattooed on the right arm, if you commit the third time, I’m sorry, you have to tattoo your face, let everyone know that you are the thief.
Penalties in the Ming and Qing dynasties began to be cruel again, and the corporal punishment of offenders increased significantly. In addition to the death penalty, there are various punishments, such as peeling grass, destroying ten tribes, and killing corpses . Invented in Qing DynastyTwo unique penalties: to be cut and . In the Ming and Qing dynasties, there were many punishments for insulting personality or cruel, such as confiscating the army, issuing punishments, and yelling. There is also a unique court system in the Ming Dynasty, where the emperor can directly apply the court rule to ministers who disobey the emperor's orders.
Generally speaking, the five-penalty system has been used from slavery to feudal society, but the penalty is different. The five-penalty system was formulated by the ancient emperor in order to maintain his rule. Many of the punishments were very cruel, and some were mainly insults to personality. The establishment and spread of the five-penalty system had a profound impact on subsequent dynasties, and also had a certain impact on the modern penal system.
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