重刑考

重刑,作为一种制度和理念,在中国刑法史上长期存在。历史上有许多伟大的思想家、法学家发表过不少的宏篇伟论,对重刑高唱赞歌,力证重刑对治国安邦之不可或缺;肉刑的存废之争,更延续了上千年。重刑的价值取向在全社会有相当普遍的共识,不仅统治者对其情有独钟,一般善良百姓也津津乐道,直至现在,重刑思想在中国仍有深厚的社会、文化基础。

A Critical Exploration Into Severe Penalty

Severe penalty had been ever-lasting as a ideological view and legislative ideology in the history of the criminal law in China. A great number of thinkers and jurists in the history of China produced so many masterpieces eulogizing material penalty so as to prove the necessity of material penalty in securing the country from being riotous or rebellious the argumentation of corporal penalty has actually been existent for a thousand of years. The orientation of value on material penalty has reached a rather popular common ground in social life and has been approved not merely by the ruling class but also by the common people so that it has its solid foundation in view of social and cultural life still existing in China 