论唐代的配隶刑

On a Special Means of Punishment Named Peili of the Tang Dynasty

配隶是流刑的一个变种,但重于普通流刑,两者之间的区别在于:普通流刑只居作一年,然后就可在当地附籍为民,而配隶则要长时间做苦役。配隶并不一定将犯人罚入军队,而是多将其发遣到边远的州郡服役,所以常被称为配州。配隶在唐代的出现主要有两方面的原因:首先是五刑制度本身存在的缺陷所致;其次是出于充实国防的目的。配隶刑对后世刑制产生了重要影响。

The punishment which named Peili was a distortion of common exile and was heavier than common exile in the penalty degree. The difference between them was that if a person was sentenced to common exile, he only needed to serve hard labor for one year, but if he was sentenced to Peili, he needed to serve hard labor for a longer period. If a per- son was sentenced to Peili, it was not necessary to make him do hard labor in the army. The people sentenced to Peili were usually escorted to the border areas, so Peili was also named Peizhou. The emergence of Peili in Tang Dynasty had two reasons. The first reason was that the new five penalty system had great shortcomings. The second reason was on the purpose of strengthening national defense. Peili had a significant impact on the penalty system of later dynasties.