The changes in the social situation in the Song Dynasty caused corresponding changes in the criminal policy of the ruling class. In addition to following the Tang Dynasty in severely punishing the "ten evil" crimes, it also highlighted the suppression of the following crimes.
(1) Main crimes
A. Crime of corruption
In the early Song Dynasty, "the punishment for all crimes was lightened, except for the punishment of dirty officials." . ("Twenty-Two Histories: Notes on Rockets (Models) of the Song Dynasty") During the Song Taizu and Song Taizong periods, hundreds of corrupt officials were killed in the court with sticks, cut in half and abandoned in the city, or assassinated on Salmon Island. Moreover, the application of privileges such as "please, reduction, compensation, and redemption" is also restricted, and those who have committed corrupt acts are prohibited from re-entering the official position. This effectively curbs the spread of corruption.
B. The crime of thieves and thefts
In the early Song Dynasty, the emphasis was placed on punishing "thieves" with heavy laws, but it was limited to the scope of punishment in the "Song Penal Code" and "The Code of Thieves and Thefts". Renzong, Yingzong, and Shenzong of the Northern Song Dynasty successively formulated the "Heavy Laws" to divide dangerous areas and strengthen the suppression of serious crimes such as "thieves and thefts." It even punishes serious crimes such as "thieves and thefts" in the same way as political crimes such as rebellion.
For example, in areas where the law is strict, "anyone who commits robbery and theft shall be punished by death, and his family will be rewarded, and his wife will be sent thousands of miles away."; "Those who should be allocated will be pardoned, but they will not be released." " ("History of the Song Dynasty. Criminal Law Chronicles") For "those who value the law" in Chuanzhou and Yuefu, even if they commit crimes in "non-important areas, they will still be punished", and the geographical scope of suppression will be further expanded to combat "thieves" crimes. .
Increased penalties for "thieves"
In the middle of Song Renzong's reign, the "law-heavy place" law began to be implemented, that is, anyone who committed a crime in the so-called "law-heavy place" would be punished with a heavier sentence.
While punishing the crime of theft intensified, the crackdown on "treason", "conspiracy of treason", "conspiracy of rebellion" and other acts is more severe and cruel, and the punishment is generally to cut in half, abandon the market, or even be punished.
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C. The crime of "creating demon books and demon words" was punished by the Song Dynasty. To seize and investigate, to find out evidence and related gang members," and to "execute them to death with a heavy stick." "Everyone who spreads demon religions, gathers at night and disperses at dawn, kills people and sacrifices with their husbands, etc., are all based on the law, and the inspection is very strict." ("Song Xingtong. Thieves Law") During the reign of Emperor Huizong of the Song Dynasty, there was a "demon book and demon words" Crime, "added to the restoration", those who did not notice the government will be implicated in the crime. The joint and several liability system has been strengthened.
(2) Penal System
A. Ling Chi
Ling Chi “The mountain gradually gets higher, and the murderer wants to kill the person slowly but not quickly.” also". (Shen Jiaben: "An Examination of the Criminal Law of the Past Dynasties") It is a cruel punishment that uses a sharp clay blade to mutilate the prisoner's limbs, and then slowly kills him.
"History of the Song Dynasty. Criminal Law Chronicles": "First cut off his limbs, and then silence him, which was the most extreme method at that time."
During the reign of Emperor Renzong of the Song Dynasty, the death penalty was prescribed by hanging and beheading. In addition, the "Lingchi" punishment that appeared in the Five Dynasties was also used to punish "those who committed crimes by speaking wildly" and was formally determined in the form of imperial edicts. After Shenzong of the Song Dynasty, Lingchi became a common punishment; when Nanzong formulated the "Qingyuan Articles of Legal Affairs", it was officially listed as a legal punishment. From then on, it continued to the Yuan, Ming and Qing dynasties. The so-called Ling Chi punishment is the most cruel life punishment in ancient China. Lingchi is also called Lingchi, which is what the people call "death by a thousand cuts." Lingchi originally meant that the slope of the mountain gradually decreased. It was used in the name of the death penalty. It refers to the fact that when a person is executed, the flesh on the person's body is cut off with a knife, so that the victim dies slowly and painfully.
Lingchi punishment first appeared in the Five Dynasties period, and was officially named as a punishment in the Liao Dynasty. Since then, it has been prescribed as a legal punishment in the Jin, Yuan, Ming and Qing Dynasties, and it is the most cruel type of death penalty.
This type of criminal law is mainly used to punish some of the ten evil crimes, such as rebellion, treason, etc. During the Qianlong period of the Qing Dynasty, beating and scolding parents or parents-in-law, a son killing his father, or a wife killing her husband were also serious crimes that violated ethics and morals, and were punished with lenght and delay. But later, in order to suppress the peasant resistance, those who did not pay taxes on time were also punished with lenght and delay. This was especially prominent during the Ming Taizu period.
The execution method of Lingchixing was very cruel. The general description is that the flesh of the person was cut off piece by piece. There are also differences in the execution methods of the past dynasties. Generally, eight cuts are made, first cutting the head and face, then the hands and feet, then the chest and abdomen, and finally the head.
But in fact there are more than eight swords. In the Qing Dynasty, there were twenty-four swords, thirty-six swords, seventy-two swords and one hundred and twenty swords. The twenty-four knives are: knives 1 and 2 cut off both eyebrows, knives 3 and 4 cut off both shoulders, knives 5 and 6 cut off both breasts, knives 7 and 8 cut off both hands and between the elbows, knives nine and ten cut off both elbows and two For the part between the shoulders, knives 11 and 12 cut off the meat of the legs, knives 134 cut the calves, knives 15 stabbed the heart, knives 16 cut off the head, knives 17 and 18 cut both hands, and knives 10 Nine or twenty knives cut off both wrists, twenty-one or twenty-two knives cut off both feet, and twenty-three or twenty knives cut off both legs. (Picture: People with weak psychology are not allowed to enter)
During the actual execution, there were many more, the most common being Liu Jin, the evil-doing eunuch of the Ming Dynasty, who was mutilated for three days and 4,700 knives. By the Guangxu period in 1905 AD, Lingchi punishment was abolished.
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B. Imprisonment
Assassination began in the Tianfu Period of the Later Jin Dynasty, " University Yanyi Supplement": "The people of the Song Dynasty inherited the method of stabbing and matching from the Five Dynasties. They not only matched the spine of the stick with the person, but also stabbed the face. This is a case where a person commits a crime and receives three punishments."
Taizu of the Song Dynasty used the excuse of pardoning capital crimes as an excuse to promote the "method of stabbing and pairing", that is, pardoning the death penalty for death row criminals, and imposing three combined substitute punishments: "jueling the stick, flowing the sentence, and stabbing the face."
Song Taizu set up this punishment, which was originally a system that treated the death penalty leniently. However, it was abused by later generations. It not only revived corporal punishment, but also had no limit on the distance of distribution. Prisoners often became hard labor for life.
By the time of Emperor Xiaozong of the Southern Song Dynasty, the number of amnesties for those involved in assassinating one's spouse had increased to more than 570, so that "there were so many ways to assassinate one's spouse, and the number of offenders increased day by day, and the number of persons involved in assassinating one's spouse was so high" ("Song Dynasty" ("Song Dynasty") History. Criminal Law Chronicles")
C. Cane Punishment
In the fourth year of Jianlong's reign, Emperor Taizu of the Song Dynasty promulgated the method of breaking the cane to reform the "harshness of the Five Dynasties". Punishments such as exile and cane were converted into corresponding cane or butt cane punishments as substitute punishments, so that "the crime of exile could be exempted from exile, the crime of imprisonment could be exempted from service for a year, and the cane could be reduced in number." ("Criminal Law Examination") But it is not without its drawbacks: "Good people occasionally take risks and injure their limbs, which is a lifelong humiliation. Although the pain is temporary, the foolish and stubborn people will not be ashamed in the end." shame". ("Criminal Law Examination") Therefore, during the reign of Emperor Huizong of the Song Dynasty, the number of reduced sentences for prisoners and below was seriously adjusted to reduce the physical damage to criminals with light sentences.
In addition, there were many death sentences in the Song Dynasty, such as "execution with a heavy stick", "five punishments", "barbarian punishment", "crucifixion", "nailing to death", etc. foot.