流刑的发展及意义

Development and Meaning of Exiled Penalty

自战国以来,徒刑逐渐取代了肉刑,成为主要的刑罚,然而死刑过重、徒刑过轻的难题始终无法解决。流刑的确立正反映出历经漫长的岁月,终于在死刑和徒刑之间找到了一种轻重较为适中的刑罚。流刑的出现使得我国古代尤其是唐朝以后的历史时期死刑的判决和执行几率大大降低,也成为我国古代就死刑存废争论的先决条件。流刑制度的形式就是在今天,对现代刑罚种类和形式的选择都具有一定的借鉴意义。

From the Warring States, imprisonment gradually replaced the mutilations as a major penalty, however, the death penalty too heavy, the sentence is too light problems remain unsolved, the flow is the establishment of criminal experience reflects a long period of time, finally between imprisonment and the death penalty, found a more consistent level of penalty. Criminal flow makes the emergence of China＇s ancient Tang Dynasty particular historical period after the death sentence and execution risk greatly reduced. Ancient China has become retention or abolition of the death penalty debate prerequisite. Flow punishment in the form of the system is today, the penalty for modern shapes and forms have the choice as a reference.