北宋西北边区民族法规中的罚则制度

The Principles of Penalty in the Ethnic Legal System in the Northwest Borderland Areas of the Northern Song Dynasty

北宋西北边区位居宋夏边防要冲,民族分布众多、成分复杂。为了加强对西北缘边的统治,政府制定了许多针对西北边区诸族的民族法律法规,但其处罚原则与内地存在着很大的差别。本文试从处刑原则与刑罚实施、法律政策与民族政策相参为用等四个方面,探讨北宋西北边区民族法律法规中的罚则制度及其鲜明的民族和地域特色。

Across the borderland of the Song and Western Xia, there were important positions of the political and military significance. Besides, multi -ethnic groups were settled and relationships among them were complicated. To tighten the control over the Northwest borders, the government had made many ethnic laws and regulations, which aimed at mediating the relations between ethnic groups. However, there are great differences in terms of the principles of penalty compared with the law of the inland of the Northern Song. In this paper, the author tried to explore the principles of the penalty of the ethnic legal system and its ethnic and regional features in the Northwest Borderland Areas of the Northern Song Dynasty based on an analysis of execution principles, practice of criminal law and policy and policy towards ethnic groups.