摘要
秦漢以來的前近代中國的死刑，基本上可以分為兩類：直接剝奪生命的刑罰與死後對屍體加以傷害的刑罰，此即「身體的處刑」與「屍體的處刑」的死刑二重構造。這種狀態是與中國古代特有的刑罰目的不在於報應，而在於一般預防相關聯的。就「身體的處刑」而言，因為北魏以來絞刑取代腰斬刑而發生了一次在中國刑罰史上具有重大意義的變化。就傳統中國的禮與刑的關係而言，像復仇那樣超出法典規定的刑罰的行為，卻是禮典所容許的禮儀性行為；復仇與孝，有德與殺人，雖是背反的兩面，其實仍具關聯性而為互補；禮的外在化，也可表現為皇帝所施行的誅殺和廷杖。
The Death Penalty in Pre-Modern China is basically grouped into two types since Qin and Han Dynasties: the direct deprivation of life punishment and the damages on the corpse punishment after the death. This is the dual structure of the death penalty: body punishment and corpse punishment. This situation is related to the unique purpose of punishment of the antient China, that is, the purpose is not for retribution, but for general prevention. As far as body punishment is concerned, there has experienced a significent change in the Chinese penalty history since hanging replaced the capital punishment by severance of the upper body as of Northern Wei Dynasty. From the relationship between the traditional Chinese etiquettes and penalties, revenge, the activity beyond the penalties provided by the code of law, is a ritual activity permitted by the code of rite; revenge and filial peity, virtue and killing, although are contradictory, however, they are related and complementary; the externalization of etiquettes could also be embodied as execution and the court flogging with sticks by the emperors.
關鍵詞
死刑的二重構造、「身體的處刑」、「屍體的處刑」、絞刑、禮與刑
Dual Structure of the Death Penalty、Body Punishment、Corpse Punishement、Hanging、Etiquettes and Penalties