肉刑在两宋时期的思想论争与制度表达

肉刑废复之争在两宋时期再次出现,制度上则有刺配法与之相对应。通过这一时期有关肉刑废复之争和刺配法的大量施行,可以发现,虽然封建统治者和思想家拥有共同的价值追求,但是出发点不同,对于肉刑的态度是截然不同的。更为关键的是,流刑在宋朝已经不能发挥中间刑的作用,这是导致肉刑之争和刺配之法在两宋时期再度出现的重要原因。

System Expression and Ideological Debates of Corporal Punishment during the Two Song Dynasties

Dispute about corporal punishment appears again during the two Song Dynasties,and it is relatively combined with the cipei penalty in system.The dispute and a large amount of implementation during the period shows that,although the feudal rulers and thinkers have a common pursuit of value,but the starting point is different,they have different attitudes to corporal punishment.It is more important that the exile punishment has not played an intermediate role in the Song Dynasty,which is an important cause of controversy and narrated corporal punishment during period of the two Song Dynasty.