唐宋流刑之变迁

唐宋是我国封建刑罚的完善和发展时期,封建制“五刑”经数百年演变终于确立。作为五刑之一的流刑在确立其重刑地位的同时,因其固有的缺陷,唐中期后内容上发生了重大变化,至宋初演变为一种新的刑罚——“配流”。配流刑的出现是封建统治者“明德慎罚”传统思想的反映,体现了唐宋之际社会的重大变革。宋代的“配流”在实施中不断完善,虽因时期不同效果各异,在实施上比传统流刑残酷,但它弥补了“折杖法”实行后刑罚体系的缺陷,有一定的合理性,对促进当时的社会稳定以及经济发展起了一定的积极作用。

Changes of Exile in Tang and Song Dynasties

In Tang and Song Dynasties, the feudal system of penalty had gradually been developed and improved, and the so-called Five Penalties had eventually established after the hundred - year evolution. Exile, as one of the Five Penalties, had experienced great changes due to its own defects in the mid and late Tang Dynasty. In the early Song Dynasty, it had changed into a new form of exile. The emergency of this exile reflected the traditional thoughts of cautious employment of penalty of feudal rulers and indicated the great social reform at the turn of the two dynasties. In the Song Dynasty, the practice of exile was more cruel than the traditional banishment, but it had compensated for the deficiency of stick - beating and played some active role in stabilizing the society and developing economy.