宋代主刑考
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概要
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In Song China, there were many categories of punishment. In penal statutes, besides the five punishments inherited from the Tang Code, i.e. death, exile, penal servitude, beating with heavy rod, and with light stick, was provided a group of penal ostracism known as Bienpei. Actually, except the capital punishment, the five punishments were converted to other punishments by the legislation for the mitigation of penalties named Zhezhangfa, i.e. exile to blows on the back with forced labor, penal servitude to blows on the back, and beatings to blows on the buttocks with decreasing in number. Bienpei was not converted but executed as it was provided. In the Song punishment system, it is no doubt that the five punishments were treated as the principal punishment. And it has been believed for a long time that Bienpei was also settled in the principal punishment, between death and exile. But recently, another view was denounced that Bienpei was the punishment to which some of the five punishments were converted in specific conditions provided in individual statutes. Then, in this article, I try to declare how Bienpei was dealt with in the punishment system. Through this analysis, it becomes clear that neither of the former observations are applicable. Bienpei did not belonged to the principal punishment, but constituted one of the other types of punishment, and it had been imposed jointly with the five punishments under some circumstances. The table of contents is as follows : Introduction 1. Analysis based on the Wards of Pronouncement and Execution of Punishment in the Records of Judgment 2. Analysis based on the Wards of Statutory Punishment in the Edict Conclusion
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