唐德宗建中三年以前的杖杀略述

Flogging with Sticks in the Early and Middle Tang Dynasty

杖杀是一种用杖击处死罪犯的行刑方式,其适用的范围、性质、特点等与唐德宗建中三年正式宣布废除大部分死罪的绞、斩之行刑方式而代之以重杖一顿处死以后的情况明显不同,加上诸多因素的影响,使杖杀在唐代表现的极为复杂。对唐德宗建中三年以前杖杀的目的、发展变化及特点等进行辨析,可以显示唐中前期法制混乱的现象,揭示其封建法制的本质。

Flogging with sticks in the first three years of Tangdezong was quite different from flogging with sticks in the early Tang Dynasty when it just came into being and was just an informal capital punishment.Flogging with sticks in the first three years of Tangdezong almost replaced the traditional capital punishment of death by hanging and by decapitation.Studies on the purposes,development and characteristics of flogging with sticks in the first three years of Tangdezong help understand the confusions of legality in the early and middle Tang Dynasty and the essence of legal system of the feudal society.