宋代流刑考略

The Study Of Banishment in Song Dynasty

流刑渊源于上古时期的流放制度,经过行政处分到刑罚制度的嬗变,其惩治力度不足的问题一直很突出。宋代在司法实践中,通过流刑主刑及附加刑的实施,一定程度上解决了传统流刑惩治力度不足的问题,确保了流刑降死一等重刑的地位。

The punishment of banishment,born of the political banishment of ancitent time,was changed from dscipliary sanctron to penalty system. Since ats problem of lackrng strong punishment, Song Dynasty to some extent solored this problem by carrying out the marn punishment of banishment and Extra-punishment in their judicial practise,which ensured the reduction of the Death penalty to banishment.