论中国古代的刑罚观念

On the Concept of Punishment in Ancient China

通过对中国古代刑罚的嬗变及刑罚制度的分析可知,中国古代的刑罚与观念密不可分。从刑罚的起源来看,刑罚既不是"出于天",也不是"起于兵"或"源于苗",更不是由"象刑"演变而来,刑罚只不过是观念的产物,并随着观念的转变而发生变化。髡刑在中国古代之所以被认为比笞刑还重的刑罚,只能从古人对头发的不同观念来解释。而族刑作为极其残酷的刑罚制度,也不过是宗法制度和家族观念的产物,其存在具有历史的必然性。不论是"秋冬为刑杀"的"顺天行刑"思想还是"灾异赦宥"的行刑思想,都是当时的人们对四季及天象异常的相应观念在行刑制度上的反映。

Based on the change of penalty and the system of punishment in ancient China shows that the ancient Chinese punishment and ideas are inseparable. Form the origin, the penalty neither ＂empowered by heaven＂ meet the need of army nor by the ＂symbolic punishment＂, punishment is just the product of concept and change alone with it. In ancient China, the punishment of haircut is the penalty of picking off the offenders＇ hair is considered more serious than the penalty of beating offenders with a bamboo stick, this phenomenon can analyzed by people＇s different ideas of one＇s hair. While the clan punishment, as the death penalty imposed on the criminal and his whole family and other kin up to the third degree is regarded as the extremely cruel penalty, but it＇s also a product of patriarchal clan system and the concept of family, its existence has historical inevitability. Whether the concept of ＂autumn and winter for punishment＂ or ＂remit a punishment when the disaster comes＂, which is the reaction of people on the system of execution according to the change of season and the signs of weather.