《折杖法》对宋代刑罚重刑化的影响

《折杖法》的制定与实施使得宋代五刑体系名存实亡,主要表现为:主刑种类减少,刑种配置不合理。为遏制犯罪,宋政府通过颁敕和编敕,规定或创设新刑种,形成以臀杖、脊杖、编管、配刑、死刑为主的刑罚体系,凌迟亦成为常用刑,结果使宋代刑罚较唐代更为严酷。宋代制定与实施《折杖法》,本欲轻刑,但导致刑种配置缺乏科学性,刑罚轻重失衡,反而促使刑罚重刑化

Impact of Zhezhangfa upon the Severity of Penalties in the Song Dynasty:Rationality of Severity and Leniency of Punishment

With the enactment and enforcement of Zhezhangfa (an act that permits caning to replace other penalties), the five penalties of the Song Dynasty ceased to exist except in name. It resulted in a decrease of types of penalties and an irrational imposition of punishment. To reduce crime, the Song Government, by way of enacting or codifying imperial decrees, provided or augmented penalties. A new penal regime was built with buttocks caning, back caning, transportation and surveillance, banishing as a military servant, and death penalty as its principal penalties, which proved more severe than that in the Tang Dynasty. The purpose behind Zhezhangfa was mitigating punishment. However, the result was that penalties became more severe simply because the catalogues of punishment were not well formed and the problem of severity and leniency was not appropriately tackled with.