The Diversification And Influence Of The Criminal Law System During The Five Dynasties

Regarding to Criminal justice system of the Five Dynasties, from Song Dynasty and now, people evaluate it from different positions and angles, and the conclusions are not the same. Many scholars have a negative attitude to the legal system in Wu Dynasty, especially the evaluation of the criminal legal system. But I believe that although the criminal legal system of the Five Dynasties have many defects compared with Tang Dynasty, we can find easily that it exits an improvement of the Department. Five Dynasty is a special Dynasty, because of the instability and so many social problems, leading to the criminal legal system also have a big change,and it has shown some of their own characteristics. Five Dynasties inherited the principles of criminal law during the Tang Dynasty, and make it more clear and perfect, such as, the status of the division of an accomplice, the "compassion" and who "know" distinction is in Tang Dynasty, the principle of dealing with major develop accomplicely. In The Five Dynasties, the brutal system of punishment and the punishment of thieves and other charges re-law, increase the punishment for certain crimes, they should accord to the Five historic situation analysis:on the one hand we have to recognize the fact that the Five brutal criminal law tends to, On the other hand we must recognize that it inherited and followed the Tang Dynasty in the late Jane,and it has been lost in the width of the penal system, coupled with the Five Dynasties and chaos, according to ancient Chinese "Light the World world heavy penalties," "criminal disorder to the country with heavy penalties" principle, its harsh penal system has become reasonable. At the same time the transition period as Tang and Five Dynasties and the Song,its criminal legal system, changes and develops in the Song Dynasty. And later also had a profound impact to Song and so on. Therefore, the Five Dynasties in the criminal justice system changes to be known, exploring to the Song Dynasty, and later due to what kind of impact, it becomes very necessary and it has high academic value.This paper focuses on the criminal legal system and the Tang Dynasty, Five Dynasties compared to some of the major changes produced, and then summed up these changes from the Five Dynasties and the criminal justice system presents its own characteristics, and finally changes to the Five Causes of the criminal justice system, the depth criminal justice system of the Five Dynasties Song Dynasty and later on all the changes far-reaching impact on. This paper is divided into three parts:introduction, body and conclusion. Introduction exclude the status of Five Legal History Study and the related research.The text is divided into three parts. The first part focuses on the criminal justice system compared with the Tang Dynasty, in the Five Dynasties, the changes produced. The principles of criminal law based on the Tang Dynasty have been changed and developed, following:When the official and the early redemption penalty system is not customized, then the official regulations and the redemption penalties when the contents of the officials as Tang generation; sin found on the corrected some errors in the Mid and Late practices, restoration and development of the early Tang Dynasty, some progress to determine requirements; distinction between the handling of the crime "informed" and "compassion" is indeed a major undertaking, more Tang is more progress. Tang Dynasty, Five Dynasties and the penal system has significant changes over the whole, tend to cruel, in:stick extended sentence, with widespread use of torture and Cipei into punishment, Death Sentence also change dramatically. Five specific charges in sentencing are different than the Tang Dynasty, many crimes punished in varying degrees has increased. Five second part discusses the body of criminal law's own characteristics. Five Dynasties conviction based on legal reform and open to the provisions of Chile's position is higher than the law and the grid; Five harsh criminal law, many generations to develop Junfa, and more torture and abuse of corporal punishment, punishment is more cruel. Body of the third part of the Five Dynasties and produce changes in the criminal justice system, and this change causes and future generations of the Song Dynasty. Five reasons for changes in the criminal legal system, in addition to the fundamental social and political factors, economic situation, also because of its relatively short history and thus subject to the existence of the legal system of the Middle and Late more relevant. Five changes in the criminal legal system, especially in the penalty system and its influence on the great Song:Five in the execution of punishment on the one hand, inherited the Mid and Late, and further expand the scope of punishment stick, the original ancient Chinese bamboo cane Five Penalties System, thereby, flow, resulting in the death penalty for greater impact, great impact on the Song Dynasty. On the basis of the Five Dynasties and Song Chong off Zhangfa, so that the original bamboo cane, crutches, thereby, flow, die traditional five punishments, and gradually the actual implementation of the penalty stick for hip, spinal rod, imprisonment, death penalty replaced by five, the final led to the old system in the five punishments Song name only. On the other hand, with extensive use of the Five Dynasties, and make the Cipei into criminal punishment, public extensive use of "slicing" method of execution, while restoring the practice of corporal punishment for the development of the Song Dynasty, and inherited by future generations of Chinese feudal society, the rule of law later, result in extremely serious impact on it, and ultimately makes the penalty for the late feudal society increasingly cruel. Finally, the writer summerise the criminal legal system during the Five Dynasties Simply.