Цели и виды наказаний в традиционном праве Китая

Abstract

The article deals with the development of the system of in the traditional law of China, from the deep antiquity to the Tang Empire. It emphasizes the influence of religion, the close relationship of religious values and legal norms. The ancient basic legal systems are investigated and a conclusion is drawn about the existence of common approaches to solving the problems of the purposes of punishment and its types. A characteristic moment for the ancient Eastern states is the consolidation in the legislation and law enforcement practice of the talion principle, i.e. retribution equal to the equal. The origin of the wu xing system, its development and its final fixing in the criminal law of China are analyzed. Modern studies allow us to conclude that the system of “wu xing” was probably originated in the Zhan Guo period (5th -3rd centuries BC). During the Sui dynasty (6th century), a system of types of punishments was formed, which was also received during the Tang dynasty. Tang's criminal institutions, for more than a millennium, streamlined the system of five basic punishments: blows with thin sticks, blows with thick sticks, hard labor, exile and death penalty. The goals of the were intimidation, restoration of social justice, crime prevention and re-education. Key words: criminal law, Ancient China, Confucianism, talion, types of punishments.