古代中原地区与少数民族地区的赎刑制度探析

Analysis of the Redemption Penalty System in Central Plains and Minority Regions of Ancient

赎刑是中国古代独特的法律制度,中原地区的赎刑制度在秦及汉初具有替代刑和独立刑种的双重属性,唐代以后赎刑发展成为刑罚适用的一般原则。罚金刑在中国古代法律中多处于与赎刑合而为一的并存状态。以藏区"赔命价"制度为代表的少数民族地区的赎刑制度,在古代以成文法的形式出现,在现代则表现出明显的和解性质。赎刑制度中的价值理念和合理规则,对于我国刑罚替代措施和死刑的司法控制等方面仍有借鉴意义。

The redemption penalty is a unique legal system in ancient China. The redemption system in central plains has dual attributes of either an alternative penalty or an independent penalty during the Qin and the early Han Dynasty,which has developed into a general application rule of penalty since the Tang Dynasty. According to laws in ancient China,the fines penalty is usually combined to be applied with the redemption penalty. The redemption penalty in minority regions can be well represented by the fines penalty of ＂compensation for life＂applied in the Tibetan area,which was regulated as statutes in ancient times but indicates obvious nature of victim- offender reconciliation in modern times. The value and reasonable rules in the redemption system should be well learned and understood so as to improve the alternative penalty measures and the judicial control of death penalty in the present penalty system.