写在身体上的宋政权成立宣言——折杖法新论

The Embodied Declaration of the Founding of the Song Regime——The “Zhezhangfa”(折杖法) Revisited

折杖法是宋代刑罚制度的一项重要变革,改变了隋唐以来五刑的执行方式,使流罪得免远徙,徒罪得免役年,笞、杖得减决数。折杖法正式确立于建隆四年三月,但此前远肇后唐,有一个发展过程。折杖法是宋代国家权力对身体处罚方式的一种精心安排,不仅是一个法律问题,更是一个政治问题,表明国家惩罚权易手。折杖法是书写在身体上的宋政权成立宣言,负载着宋朝建立伊始的国家形象塑造功能。

The “beating with stick as an alternative to other punishments” （Zhezhangfa） is a crucial reform in the punishment history of the Song dynasty, which changed the executive method of the five punishments in the Sui and Tang dynasties. This new method spares being exiled afar for the life exile punishment, spared some years for the penal servitude punishment, and reduced times for the beating with sticks. This method was officially instituted in the third month of the fourth year of the Jianglong reign period （966）. But it has a long history that can be traced back to late Tang. This method is a sophisticated arrangement of the Song state power for bodily punishment. It is not only a legal issue, but also a political issue, which shows the switch of the state power of punishment. This method is an embodied declaration of the founding of the Song regime, which serves the making of the new image of the newly-founded Song regime.