宋朝配隶法研究

发布时间：2018-02-20 03:14

本文关键词： 刑罚制度配隶刺配不刺面配配所拣放流刑　出处：《郑州大学》2011年硕士论文　论文类型：学位论文

【摘要】：在漫长的社会发展过程中,刑罚制度伴随着社会发展从野蛮不断向文明衍化,上古时代那种伤人肌肤,损人肢体的肉刑,到了6世纪末的隋朝已基本被废除。但是,历史进入10世纪下半叶的宋朝时期,配隶法的出现使历史又发生了逆转,在犯人脸上刺字这种残酷的肉刑,在司法实践中被大量使用,并一直影响到明清。在犯人脸上刺字目的有两个：一是起到标志的作用,便于日后追逃和对累犯定罪量刑；二是要通过这种刑罚方式让受刑人感到人格的贬损、尊严的丧失和精神的痛苦。然而刺字对面目的损毁,对于减少犯罪来说是极为不利的。很多罪犯抱着“面目一坏,谁复顾藉”的心态,自暴自弃,于是犯罪越演越烈。宋朝以后统治者认识到这一问题,开始根据犯罪情节,对犯人用所刺部位的不同加以区别,为初犯者留下了一线自新的希望。刺字的部位除了面部以外,很多时候也刻在罪犯的颈部、手背和胳膊上。这一特殊的历史想象,至少从表面上打破了刑罚制度发展的方向。究其社会原因,是封建社会阶级矛盾和统治阶级内部矛盾日趋激烈的产物。统治者创建配隶法是用以宽贷死罪,将它作为代替死刑的特殊手段,这样就可以把死刑犯转化为可以再利用的劳动力量或军事力量。配隶刑最初并不是独立适用的法定刑种,在宋朝的基本刑法典《宋刑统》中,就没有对此加以规定。自宋太宗以后,配隶法在司法实践中逐渐被普遍适用。有关的诏令也不断增多,并且被纳入宋朝所特有的立法活动“编敕”中。宋真宗时,关于配隶法的编敕有46条,宋神宗熙宁二年(1069),配隶法条就有二百余条。到了南宋淳熙年间,竟增至570多条,由于配隶刑逐渐成为一种经常广泛适用的新刑种,于是也就失去了原来宽减死罪的作用,成为我国封建社会五刑之外的新刑法制度。宋朝的配隶法,法条即繁,用刑亦重。配隶法尽管有许多弊端,但对于宋朝统治者来说,配隶法的存在利大于弊,因此这一制度能与宋朝统治相始相终。
[Abstract]:During the long process of social development, the penalty system evolved from barbarism to civilization along with the social development. In the ancient times, the kind of corporal punishment that hurt people's skin and damaged their limbs was basically abolished in the Sui Dynasty at the end of 6th century. However, In the Song Dynasty in the second half of 10th century, the history was reversed by the appearance of the law of Li Li, and the cruel corporal punishment, such as stabbing characters on the face of the prisoners, was used in a large number of judicial practices. And has always affected the Ming and Qing dynasties. The purpose of stabbing characters on the face of prisoners has two purposes: one is to serve as a symbol to facilitate the subsequent pursuit and sentencing of recidivism; the other is to make the inmates feel derogatory in personality through this form of punishment. The loss of dignity and the suffering of the spirit. However, the destruction of the purpose opposite the thorns is extremely unfavorable to the reduction of crime. So the crime became more and more violent. After the Song Dynasty, the ruler realized this problem and began to distinguish the different parts of the prisoner with the stab according to the circumstances of the crime, leaving a glimmer of hope for the first-time offender. Besides the face, the part of the thorn character was not only on the face, but also on the face. In many cases, they are engraved on the neck, back and arms of criminals. This particular historical imagination, at least on the surface, has broken the direction of the development of the penal system. Is the feudal society class contradiction and the ruling class internal contradiction day by day intense product. The ruler created the law of capital punishment as a special means to replace the death penalty, so that he could be transformed into a labor force or a military force that can be reused. In the Song Dynasty's basic Criminal Code, "Song Criminal system", there was no provision for this. Since the Song Dynasty Taizong, the law of scribes has gradually been widely applied in judicial practice, and the relevant imperial edict has been increasing. And it was included in the special legislative activities of the Song Dynasty. In Song Zhenzong, there were 46 compendiums on the law of scribe, more than 200 in the second year of Song Shenzong Xining, and more than 200 in the reign of Chunxi in the Southern Song Dynasty. Due to the gradually becoming a new type of punishment, which is often widely applied, it has lost its function of reducing the death penalty and has become a new criminal law system in addition to the five punishments in the feudal society of our country. Although there are many disadvantages in the law of scribe, the advantages and disadvantages of the law are greater than the disadvantages of the rulers of the Song Dynasty, so this system can end up with the rule of the Song Dynasty.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：K244;D929;D924

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