Study Of Chinese Ancient Careful Application Of Death Penalty

The death penalty accompanies with the creation of nation and law but appears in the meantime, is a previous and the most ancient kind of punishments of mankind's history to grow, and at very long of history stage, It is a kind of main penalty means which supports rank governance to exist. During several thousand years of China , though the death penalty system refracted to exploit the extensive and ruthlessness that the rank social death penalty applies, also positive because of death penalty of ruthlessness, just make at the time of applying death penalty most rulers can adopt a more careful attitude. "keeping clear and virtuous to punish carefully" is one of the instructions of the Chinese ancient pertaining to crime lawmaking , but" kill carefully" is "the big of mercy ", can concentrate a body most now the characteristics of Chinese traditional legal system" punish carefully ", mollify a society an antinomy more to a large extent. A great deal of historical data certificate :It is opposite with ruthlessness penalty system to shine on, really exist a body now the thought and the system of" punish carefully ","kill carefully" in the judicial system of China ancient times.The thought that the death penalty uses carefully and with it mutually adapt of system constitution, plant a root to have state of the nation and cultural tradition especially in Chinese ancient times, is the rationality which has its existence and develops. The studies of death penalty which Chinese uses carefully in ancient times, the main point of departure lies in investigate a kind of spirit and instruction the system under in this kind of spirit. The article will use the method of history analysis, taking the development of dynasty as sequence, under the circumstance that related historical fact basic control use, to carry on a system and foundation research on the Chinese ancient carefully death penalty . Provides a premise of theories for the research of foundation theories and basic problem of carefully uses of the Chinese ancient death penalty, and resolve to provide a reference currently to the perfect and related problem of the proceedings for revision of the our country death penalty.The way of thinking of article is arranged as follows with basic content : Firstly , to carry on science define of the content which uses related and important concept to the Chinese ancient carefully use of death penalty ,such as "punish carefully ", "kill carefully", and the premise of punish carefully an offense has already caused death with the offense should sentence to death and it applies scope extensively, generalize its mainly expressing is to death penalty careful of thought and system establish two aspects, writing an article a research of behind and elaborate the enactment and the theories preparation of carrying on the context.Secondly, the classification which passes to the related data induces with sorting, re-appearing the thought that the Chinese ancient death penalty uses carefully, and corresponding of system .The thought that death penalty uses carefully aspect, will pass the way of corpus classification, taking dynasty as sequence, carrying on the thought that the Chinese ancient death penalty uses carefully to elaborate more and in details. Thought corpus mainly is each have a representative in dynasty or period of thinker, emperor, the officialdom three types, and regard emperor as principle. Mainly is the sorting of the historical data with induce to the carefully penal law thought that they initiate, to human life of value and handle a case with circumspection of attitude etc.The death penalty carefully includes with the system: Each dynasty the constitution of organization for carefully, from Qin of the title of justices in the central government in the Qin and Han dynasties arrive central judicial office in Qing; The system carried on a classification to the death penalty, treated respectively according to the different category, die extremely with die, and really make capital crime not and extremely with miscellaneous make capital crime, and immediate execution or sign to definitely wait ;Pardon and the system of Mercy of object of the gibbet such as to old young mercy or incapacitating disease, pregnant woman and save to stay to maintenance system; Various system of carefully punish , kill carefully institutional meaning and evolvement , one is make to order of system, perhaps say each toward all have of common system, such as the death penalty rechecks system, reply to play system, the system of atone, considerate jailbird's system, autumn and winter execute criminal system the meaning and creation of etc. develop process to make specialized introduction, two is each toward have to found have special features of the system make to introduce respectively, have Tang of supervise on decapitation, Song of assign the officer record to ask, Ming of joint trial, Qing of the autumn assizes etc..Finally, it is the analysis which uses to carry on which to go deep into completely to the Chinese ancient careful death penalty. One carries on summary while the system characteristics which the Chinese ancient death penalty uses carefully , lay particular emphasis on to recheck system in the death penalty, include to recheck legal power concentration to be monopolized by the ruler and the object to limit definitely and only to promise death penalty case for the death penalty, judicial officials' strict responsibility and ascend to direct qppealing system's etc. related kit system a guarantee ;Two is announce to public why Chinese ancient death penalty to use carefully, its creation and existent's thought and social source, include a big agriculture economy cause of the people of "respect god", "protect people", "clear and virtuous to punish carefully", Confucianism originally doctrine and "punish carefully" view and "God's way view", the emperor have the decisive function of lawmaking and system implement carefully to the death penalty, the virtuous and punish adjust seasons, human government peaceful times view to the ruler and the influence of the view upon the officials of the Buddhism retribution; Three is the implement result to the Chinese ancient death penalty which uses carefully to carry on researching with evaluation, each dynasty, concrete arrive a certain emperors all have it the special, thus the death penalty uses carefully of principle and carry through degree to all have a dissimilarity; Forth is to carry on treatise the Chinese ancient death penalty to use carefully to the modern legal system of draw lessons from meaning. Carry out the litigation of proceedings for revision to turn as soon as possible on the procedure with independence with full guarantee accused human rights benefit, set up "presumption of innocence" and to cherish and guarantee the criminals'life, enhance the direct toward the death penalty proceedings for revision, build up and carrying through judge's responsibility system and wrong case to pursue system.The conclusion part carries on summary to the whole article, affirming the rationality of the existence and development of thought and system that Chinese ancient death penalty to use carefully, for how we can from the history of, the angle of the development to know us contemporary of the death penalty proceedings for revision provided and can support to draw lessons from of according to style and realistic function; moreover put forward an outlook on the relation of death penalty system and the society cure disorderly in Chinese ancient times and the problem between punish carefully with heavy penal relation.