“缇萦救父”的法历史文化分析

汉文帝废除肉刑在中国刑法史乃至整个历史中都具有划时代的意义,它冲破了奴隶制五刑,打开缺口向封建制五刑过渡,刑罚体系逐渐由野蛮走向文明。"缇萦救父"事件是汉文帝废除肉刑的导火索,然而,汉文帝废除肉刑又有其历史必然性,前朝的经验教训、汉初的社会形势、汉文帝的治国思想等都是肉刑废除道路上强大的推动力。

That Emperor Wen abolished corporal punishment had meanings to the history of criminal law of China and even the whole history, it broke slavery penalties and built a bridge to feudatorial penahiers. Moreover,it had become the symbol of penalty system transferring from barbarism to civilization. Abolishment of corporal punishment was prompted by the story Ti Ying saved the parent, however, there were other reasons for the abolishment including history necessity, lessons drawn from the former dynasty and social situation of the time.