摘要
春秋人尚未对刑罚概念的内涵和外延做出严格的界定,当时实际运用的刑罚概念有三种,即:(1)狭义刑罚,(2)广义刑罚,(3)“治民”之刑,可称中义刑罚。
The connotation and sphere of the concept of criminal penalty' were not clearly defined during the Spring and Autumn Period. At the time there Were three such concepts in actual use; (l ) tile concept used in a narrow sense; (2 ) the concept used in a broad sense; (3 ) the penalty imposed upon nationals. The criminal Penalty in the neutral sense excludes military attack from criminal penalty, but does not confine to physical punishment and death penalty contained in the narrow - sensed criminal penalty. The concept of criminal penalty used in the Warring States Period and thereafter is actually the neutral - sensed concept which had emerged during the Spring and Autumn Period.
出处
《现代法学》
CSSCI
北大核心
2000年第2期122-125,共4页
Modern Law Science
关键词
刑罚
刑罚制度
肉刑
兵刑合一
治民
春秋时期
spring and autumu period
criminal penalty
institutions of criminal penalty