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題名 | 秦律肉刑制度考述=Studies of the Flesh Sentences of Chi's Law |
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作者姓名(中文) | 傅榮珂; | 書刊名 | 嘉義大學學報 |
卷期 | 70 2000.06[民89.06] |
頁次 | 頁111-127 |
分類號 | 548.73 |
關鍵詞 | 肉刑; 黥; 劓; 刖; 宮; 報復主義; Flesh sentences; Chyng; Jih; Yueh; Da-bih; Gong; Retaliation; |
語文 | 中文(Chinese) |
中文摘要 | 肉刑,乃殘人肢體,鑿其肌膚,以懲其罪。其淵源甚早,遠自夏、商之際,即已有墨、劓、剕、宮、大辟之五刑。除大辟為死刑;餘皆為肉刑。西元一九七五年與一九八九年睡虎弟與龍崗秦簡相繼出土後,知秦律令所載肉刑俱備,有黥、劓、刖、宮等刑,惟皆與勞役徒刑相合,如「黥為城旦」、「黥劓為城旦」、「斬左止,又黥以為城旦」與先秦之肉刑,略有所異。 肉刑所以為人所詬病者,為身殘體缺,即使最輕之黥刑,亦終身留痕,雖欲改過自新,無由途也,反失懲罪之真意也。惟秦之世,其所以稱暴,乃因稍有小罪,即刑人肌膚,乃至赭衣塞路,獄犴淹積,終至於滅亡,其來有自也! |
英文摘要 | Flesh sentences, is to cut one's body and tattoo his skin to punish the criminal. This punish has long been existed since Shiah-Shang dynasty. Those punishment have consisted of five items: Moh(tattoo and stained with ink), Yih(cut the nose), Yueh(dissect the legs), Gong(cut off the reproductive organs), Da-bih(beheaded). Only Da-bih was death penalty, the rest of four sentences were flesh punishment. All the flesh sentences included Chin, Yih, and Gong have been thoroughly described until Chi's bamboo documents from Shuey-Hwu-Dih and Yun-Meng-Long-Gang have been dug up. Besides flesh punishment, the criminals also needed to serve his time, the words such as "Chyng's criminals needed to repair the castle wall", "cut the left toes and had Jih and Chyng criminals to repair castle wall", "Jih and Chyng criminals needed to repair the castle wall" have been recorded. These were different from the flesh sentences of earlier Chin dynasty. Flesh sentences have been criticized for its leaving the criminal in cripple status. Even the lightest punishment such as Chyng, has left a mark on his face and carried through his life and could not get rid off. The criminal has no way to change into a good man once he has stain even be wanted to. This was not the original purpose of the design of the law to aid people to become a good man once he regret. It is a violent punishment. Even for a minor crime, people would receive a flesh sentence and this had made the town filled with people dressed in criminal uniform and the jail has been stocked with prisoners. These stern and crucial flesh sentences might cause the sudden decease of Chin dynasty. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。