唐代刑罚体系的演变——以杖刑为中心的考察

The Development of Penalty System in Tang Dynasty:Focusing on "Zhang Penalty"(杖刑)

唐代刑罚体系随着社会发展,不断有新的调整,其中的一个重要变化就是先后制定了有别于律文规定的先决杖、脊杖、臀杖、重杖等杖刑,在《唐律》之外,形成了一个刑罚补充体系,以格的形式颁布实施。它们和各种主刑相结合,成为唐代刑罚体系的新内容。大中七年出台的折杖法,只是作为笞、杖刑本刑的执行刑,而笞、杖刑仍是五刑系统的重要组成部分,并没有被废除,依然是唐朝在行的法定刑。

With the development of society in Tang Dynasty the penalty system had undergone constant and new adjustments. One of the significant changes was the enactment of ＂Zhang＂ penalties （杖刑）such as ＂Xian Jue Zhang＂ （ 先决杖）, ＂Ji Zhang＂ （脊杖）, ＂Tun Zhang＂ （臀杖） and ＂Zhong Zhang＂ （重杖） which were different from the penalties in legal articles. These ＂Zhang＂ penalties had constituted a penalty system which was acted as a complement besides the Tang Code （唐律） and was carried out in the form of ＂Ge＂ （格）. In addition the ＂Zhang＂ penalties were combined with other major penalties and all of them had formed a new element in the penalty system in Tang Dynasty. ＂The law of Zhe Zhang ＂ （折杖法） which appeared publicly in the seventh year of ＂Da Zhong＂ （大中 ） was merely conducted as executive penalty based on the major ＂Chi＂（笞） and ＂Z hang＂ （杖） penalties, which were still the important components in traditional ＂Five Penalty System＂. Actually they were not abolished and still the legally - prescribed penalties in Tang Dynasty.