论放逐刑

On Banishing Punishment

放逐作为一种古老的刑罚,中西皆行之久远。不过,从各国实践的情况看,放逐的发生、发展至最终的消亡是有其深刻原因的。结合到刑罚总体的发展史,刑罚的发展大致可以归纳为三个阶段:死刑、肉刑时代,自由刑时代,自由的刑时代。而从刑罚的主要表征看来,现时正是“自由刑”向“自由的刑”过渡的交接阶段。

As one old penalty, the banishing punishment has existed for a long time both in China and western countries. However, there is a deep reason to its emergence, development and final extinction in the eyes of various countries practise. Combining to the total development history of penalty, the development of penalty can roughly be summed up for three stages: death penalty, corporal punishment era, freedom punishment era and free punishment era. But from the main sign of penalty, now is exactly the handing over stage that 'freedom punishment' carries out the transition to 'free punishment'.