朱熹의 刑罰觀 一考

Abstract

Chu-hsi(朱熹) expressed his general ideas on punishment issues on the Soonjeon(舜典 of his book Shu Ching(尙書) . He placed the punishment as a means of realizing the governance by a charity(仁政), which was an ideal politics in orient. The exploit characteristic of his ideas on the punishment is intending a strict punishment all the time. He argued a heavy punishment in favor of victims, and proposed to manage assailants in different grades by separating them from the society according to natures of crimes. Chu-hsi’s ideas of the strict punishment can be identified again with his claim that the range of penalty offering system must be limited to the officer and education punishment only. He stood against the interpretation that the 5 punishments (五刑, injecting ink into skin,cutting a nose, cutting a heel, castrating and sentence to death) could be included in objectives of penalty offering system. His ideas on punishment was associating with social conditions of that time under the South Song Kingdom(南宋).