清代徒刑的常規與特例

Abstract

In traditional China, the new "Five Penalties" system, which were established by the Kai Huang Lv, has remained unchanged for more than a thousand years. Among them, the status of imprisonment is moderate, the applicable charges are very wide, and the scope of punishment is very large. In the legislative and judicial practice of Qing Dynasty, there were not only normal regulations, but also exceptions and adaptations. Imprisonment was not only a kind of punishment system, but also a kind of sentencing standard, so there were five apprentices, Zhun Tu (准徒) and Zong Tu (總徒). In the subject of application, it distinguishing between the banners and the common people, class privileges, governing by common customs, and caring for the disadvantaged groups; at the same time, according to the subject of crime and regional differences, it was governed separately in the trial of criminal acts; in the process of execution, it also gave some specific criminal acts a flail punishment or a thorn. However, the infiltration of the hot trial in the early Qing Dynasty, pardon, atonement and Cun Liu Yang Qin(存留養親)system caused a certain degree of relaxation. After the legal system reformation at the end of the Qing Dynasty, imprisonment has been kept, which shows that there is a certain consensus on the cognition of imprisonment between ancient and modern China and the West.