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Title: 三國兩晉南朝的流徙刑-流刑前史
Other Titles: A study on Liuxi Banishment in the Three Kingdoms, the Two Jin, and Southern Dynasties (220A.D-589A.D)
Authors: 陳俊強
Chan, Chun-Keung
Keywords: 三國;兩晉;南朝;流徙;流刑;刑罰制度
Three Kingdoms;Two Jin Dynasties;Southern Dynasties;Liuxi banishment exile;punishment
Date: 2003-05
Issue Date: 2016-06-02 11:55:53 (UTC+8)
Abstract: 將罪犯遠逐他方的刑罰,三國以降稱作「流徙刑」。遭流徙者往往是觸犯了嚴重惡行,其中尤以謀反罪為多。這些案例中有部分是謀反者遭減死遠徙,但大多是謀反罪的牽連犯。另外,流徙犯最常被流徙到交州、廣州、越州等嶺南地區,其次是長江下游的揚州(包括東揚州)和江州。一般而言,流徙地的選擇與犯行的嚴重性,有某種程度的關連性。遭流徙嶺南者多半犯行嚴重,相較於此,流徙揚州地區者,通常所犯較輕,其目的主要是將人逐出建康的權力中心,而非加以嚴懲。犯人一經流徙,都是終身不得還鄉,不過,歷代帝王不時會下詔恩准這些負釁流徙者,悉聽還本。六朝的流徙刑主要仍是一種代刑的地位,是皇帝給予死刑犯或者嚴重罪惡的牽連犯的一項恩宥。不過,發展到劉宋明帝時期,一度自代刑進而成為正刑的地位,此誠流徙刑的一次變革。及至蕭梁初建,流徙刑被廢止不用,後來雖一度恢復,但最終仍在大同十一年再度被廢。直至南朝覆亡,流徙刑都不復再見,此又流徙刑的另一重大變革。此外,有別於漢代的遷徙刑尚具有經濟開發和解決兵源等作用,六朝的流徙刑似乎只具有法律和政治層面的作用。
During the period of the Three Kingdoms, the Two Jin, and Southern Dynasties, criminals who committed serious crimes had to go into Liuxi /banishment, especially those who planned to overthrow the government. Some were banished instead of receiving capital punishment, most of them were not the key conspirators in the crime. Besides, most of them were exiled to the Lingnan region like Jiaozhou, Guangzhou & Yuezhou; or provinces near the lower part of Yangtze River, like Yangzhou & Jiangzhou. Normally, the place of exile was related to the seriousness of the crime. The ones exiled to the Lingnan region committed more serious crimes than those who were banished to the Yangzhou areas. The treatment for the latter aimed at separating them from the power core instead of punishing them. Those who were banished were not allowed to return home throughout their lifetime, however the Emperors granted them amnesty from time to time. Originally, banishment was an alternative to death granted by the Emperor, but it evolved to become a for mal punishment between 468AD to 472AD during the reign of Emperor Ming of the Song Dynasty. That was a revolution in banishment. However, banishment was abandoned finally in the 11th year of Tai Tung era (545AD) during the reign of Emperor Wu of the Liang Dynasty and was never re –instituted again. This was another revolution in banishment. To conclude, banishment in the Three Kingdoms, the Two Jin, and Southern Dynasties only served legal & political purposes, instead of the economical and military function s when applied in the Han Dynasty.
Relation: 政治大學歷史學報, 20, 1 - 32
The Journal of History
Data Type: article
Appears in Collections:[政治大學歷史學報 THCI Core ] 期刊論文

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