南诏国刑罚方式论析

A Study of Punishment System in Nanzhao State

中国古代的刑罚在经历了象刑、旧五刑到新五刑的发展之后,到唐律已形成了完备的刑罚体系和量刑制度.南诏国的刑罚方式则深受中原法律文化和法制传统的影响,并在大量移植其相关规则的同时,根据自身特点和需要形成了特色鲜明的刑罚体系.这一体系与中原法律传统有着密切的关系,其主要内容有杖刑、徒刑、流刑、死刑等4种主刑和迁、分、赎、夺几种附加刑.

A comprehensive punishment and penalty measurement system was formed in the Tang Dynasty after the development from Xiang Penalty,old Five Penalties to new Five Penalties.At that time,the legal culture and traditions of Central Plains had a profound influence on Nanzhao State. Although it established a distinctive punishment system based on its own need,its punishment system was closely related with the legal traditions of Central Plains,a large number of rules being transplanted from Central Plains.The system comprises four principal punishments and several supplementary punishments.The four principal punishments include flogging with a stick,imprisonment,banishing and death penalty and the supplementary punishments contain changing the residence,separation,redeeming and depriving.