宋代 編管刑의 등장과 그 시행상의 특징 －名公書判淸明集을 중심으로－

Abstract

During the Sung Dynasty in ancient China, penal punishments developed to a great extent to control criminals, resulting from substantial reformation of ruthless and complicated penalties enforced throughout the previous chaotic Five Dynasties(五代). The practical reformation of penal punishments was based on the Flogging Law(折杖法) enacted during the early days of the Sung Dynasty. Over time, however, the Flogging Law lost its spirit and intent as a law. As the reformation of penalties based on the Flogging Law proved a failure, new penal systems emerged as alternatives. The Pien-kuan(編管) was one of them. The Pien-kuan is a unique penal system found only in the Sung Dynasty. It was a penalty adopted to replace the Exile(流刑), one of the Five Punishments(五刑) enforced during the previous Tang(唐) Dynasty. Under the Pien-kuan system, offenders were condemned to exile with no Tattoo(刺字) being inflicted on them. The Pien-kuan(編管) was relatively lenient compared with the Ci-pei(刺配) and Pein-pei(編配), both of which penalties existed at that time. The targets and penalty provisions applicable to the Pien-kuan(編管) were stipulated in detail. Also, the Pien-kuan(編管) was applied differently in accordance with the social status of offenders condemned, However, at the end the Sung Dynasty, the Pien-kuan(編管) began to lose its statutory basis and functional effects and went out of existence during the Yuan(元) period after the Sung Dynasty fell. To see the characteristics of penal systems and social aspects during the Sung Dynasty, the present study examined the Pien-kuan(編管) by referring to the Ming- Kung-shu-p'an-ching-ming chi(名公書判淸明集), a representative casebook of the Southern Sung in China.