宋代流刑考——以流沙门岛的情况为主要事例

A Study on the Penalty of Banishment in the Song Dynasty

很多关于宋代刑罚体系的研究认为, 宋代在创立了折杖、刺配等新刑制后, 传统五刑的流刑已基本上没有得到行用, 其地位已被取代。笔者则认为, 宋代流刑作为中国刑法的传统成规被维持了下来,并随着时代的变迁和统治者的需要而不断地发展变化。它吸纳折杖、刺配等新形式并加以灵活运用, 借助流人押送、流人管理等一整套制度的实施、完善, 在宋朝社会中产生了深刻影响。文章以沙门岛为主要例子, 尝试对宋代流刑进行通贯的考察和阐述。

Many researches on the penalty system of the Song dynasty pointed out that the traditional penalty of banishment was hardly used after some new penalty systems were instituted by the Song government, such as the penalty of bastinado and the penalty of tattooing the face of a criminal with exile. They assert that the status of the traditional one was replaced by those new ones. In fact, the penalty of banishment still remained as the traditional norm of the Chinese criminal law, and developed constantly to meet the demands of the rulers as the time went by. The penalty of banishment took in some forms of the new penalty systems and applied them actively. It still effected profoundly in the Song society by implementing the integrated system containing the delivery and the control of the banished criminals. Based on the research of Shamen Island, this paper attempts to make an integrated study and elaborate on the penalty of banishment in the Song dynasty.