北周五刑制度研究

On the Five Penalties Institution of Northern Chou

北周《大律》规定的以杖刑、鞭刑、徒刑、流刑、死刑为主刑的五刑制度,废除了髡刑,并有多项创新,是当时最先进的刑罚制度。北周五刑制度具有结构合理、等差均匀、内容完备、轻重适中等特点,对典型的封建制五刑--唐朝五刑制度影响巨大,是封建制五刑的雏形,其影响还远至明清。该制度系在继承北魏刑罚制度的基础上,汲取萧梁刑罚的部分内容,又在以《周礼》为蓝本的政治法律改革中汲取周朝法制的部分内容后,进行细化、创新,并在"五刑"法理的指导下整合而成。

The five penalties institution in Da Lv of Northern Chou,which contains the principal penalties as paddling,whipping,imprisonment,banishment,and death penalty,abolished the penalty of Kun,and also made many innovations,was considered as the most advanced penalty institution.The five penalties institution of Northern Chou,which had a reasonable structure,average penal intervals,complete content as well as a moderate extent,had huge impacts to typical feudal five penalties-the five penalties of T’ang.It was the rudiment of feudal five penalties and its profound influence even lasted to Ming and Qing.This system was integrated based on the penalty system of Northern Wei,took in part of penalty of Liang dynasty,and learned partial legal institution of Chou from the political and legal reform which based on Chouli,then specialized and innovated,and the whole system was guided by nomology of five penalties.