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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

邮发代号 80-981

Frontiers of Law in China  2020, Vol. 15 Issue (4): 390-408   https://doi.org/10.3868/s050-009-020-0023-9
  本期目录
Human Life and Human Rights: death penalty Data and sentencing Procedure during the Song Dynasty
ZHANG Shoudong()
Master in Chinese Legal History, School of Law, China University of Political Science and Law, Beijing, China; Associate Professor, School of Law and the China–EU School of Law (CESL), China University of Political Science and Law, Beijing, China.
 全文: PDF(337 KB)  
Abstract

The adjudication and amnesty system in the Song Dynasty has been thoroughly researched by academia, but the annual death penalty numbers have not been credibly determined due to insufficient and disorganized historical records. The period’s policy that no innocent person would be executed was based on the double-digit record of capital punishments for Zhenguan during the Tang Dynasty, and the execution number was adjusted accordingly. As a special procedure, Zoucai (a request for judgment) was used to reduce the death penalty numbers. The value of human life, concern about excessive execution, and trimming of the capital punishment regime resulted in conversations between the emperors and their officials about the death penalty, which allowed the law that executed capital punishments during the Song Dynasty to strike a proper balance between justice, efficiency, and mercy, while avoiding rigidity and abuse.

Key wordsSong Dynasty    death penalty    human life    human rights    Zoucai
出版日期: 2021-01-13
 引用本文:   
. [J]. Frontiers of Law in China, 2020, 15(4): 390-408.
ZHANG Shoudong. Human Life and Human Rights: death penalty Data and sentencing Procedure during the Song Dynasty. Front. Law China, 2020, 15(4): 390-408.
 链接本文:  
https://academic.hep.com.cn/flc/CN/10.3868/s050-009-020-0023-9
https://academic.hep.com.cn/flc/CN/Y2020/V15/I4/390
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