唐宋死刑制度流变考论

唐宋时期死刑执行方式是由绞、斩发展到重杖处死和凌迟的流变过程;执行程序亦由“三覆奏”向“一覆奏”发展。通过对唐宋时期的死刑数量的考辨,能够得出唐代的“刑措”是不实之论;而宋代由于“减死配流”制度的存在,也绝不是一个刑杀数量偏多的时代。唐宋时期死刑的文明程度是受皇权司法、礼制和人们的政治观念影响的,其执行方式尽管有野蛮化的表现,但其程序上却日趋完善和文明。

On the Evolution of Death Penalty in Tang & Song Dynasties

Through textual research into the death penalty and its actual practice in Tang &Song Dynasties,the article demonstrates that the execution means of death penalty changing from hanging and beheading to the heavy-stick killing and dismembering the body; the procedures of which from three report-check-and-approvals to one report-check-and-approval. It also clarifies the death penalty numbers in Tang &Song Dynasties, arriving at the conclusion that the "waiving punishments" in Tang Dynasty is a fake hypothesis. Furthermore ,Song Dynasty was not an era when the number of death penalties was extremely large due to the system of banishing those who had been sentenced to death. The civilization level in Tang & Song Dynasties was affected by the monarchical power ,ritual ceremonies, political concepts,the execution means brutal to some degree, but the procedures of which became improved and civilized gradually.