论明代的赃罚制度

On the System of Confiscation of Property in the Ming Dynasty

对犯罪人科处赃罚是古代中国制裁犯罪的一种重要手段,它虽然不属于封建制五刑,却被广泛适用。明代的统治者较前代相比,更加注重以对犯罪人科处赃罚的手段来达到惩罚犯罪的目的。明代的赃罚制度十分健全,主要包括明确规定赃罚处罚方式的适用范围、对赃罚进行专门的管理、明确赃罚的支用事项和严格主管官员的法律责任等方面。

Confiscation of property is a very important legal means to punish criminals in ancient China. It was widely used although it did not fall under the five categories of penalties. The rulers of Ming Dynasty attached greater importance to the confiscation of property than their predecessors. They established systematic rules about confiscation of property, which included the scope of its application, the management and use of the confiscated property and the legal liability of the officials who managed the confiscated property.