论唐宋时期监狱制度的滞后与徒刑执行方式的变异

徒刑是唐宋时期的官方法典规定的刑罚。然而由于这一时期监狱制度的不完善及其在发展阶段上的滞后,使得徒刑的执行方式发生了改变:即唐代徒刑在地方的执行与流刑混一或以徙边代替;宋代的“折杖法”实行以后,徒刑的执行改为杖脊加配役。造成上述情况的根由在于唐宋时期的监狱制度是虚化的,监狱不是执行徒刑的场所,而是禁系犯罪嫌疑人的机构。针对这种情况,北宋末期“圜土”制度不失为中国近代意义上监狱制度的一种尝试。

On the Underdevelopment of Prisons and the Change of the Patterns in Carrying out Imprisonment Penalty in Tang & Song Dynasties

Imprisonment was an officially coded punishment in Tang & Song Dynasties.However,the way of its execution was made to change owing to the imperfection and underdevelopment of the prisons,i.e.,the execution of imprisonment in localities were mingled with banishments or replaced by exiling to bordering areas in Tang Dynasty.It was also replaced by flogging with a stick on the back owing to the Converting into Flogging Law.The main cause of the above was that the prison system of that era was unreal.The prisons were not places for the execution of imprisonment,but a place for arresting suspects.With a view to the above,Huantu was an attempt of the prison in the modern sense of China in the North Song era.