五刑起源的历史文化分析——五刑与法自然的哲思

The Historical and Cultural Analysis of the Origin of Five Penalties——The Coincidence and Philosophical Thinking Between Five Penalties and Five Elements

五刑制度自产生伊始就展现出强大的生命力,为历朝历代所沿用。本文从其产生入手,通过纵横双向研究,分析五刑与五行的辩证关系,挖掘其历史文化内涵:纵向上,梳理了五刑自史前萌芽至西周正式确立阶段的历史;横向上,比较了历代五行对五刑的渗透。通过史料分析与深入思考,探求以五刑为代表的中国刑法背后的自然崇拜与法自然思想,以期为今人所借鉴。

Five Penalties System demonstrated powerful vitality since the beginning of it,and followed by successive dynasties.This papers study from the generate of Five Penalties,then proceed the research through two different ways, in order to find the dialectical relationship between the Five Penalties and Five Elements and tap its historical and cultural connotations.The papers not only carding the history of Five Penalties from the form in prehistoric to the established in Western Zhou Dynasty,but also compared the penetration of Five Elements.After historical analysis and deep thinking,we give the expression of The Thought of Follow Nature and nature worship behind Five Penalties which in the name of Chinese criminal law,reference for the people today.