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言及“五刑”,法学界内众人皆晓;但不知人们是否发现了这样一个奇特的现象:中国的主刑(正刑)从古到今,其稳定刑态无不是五种;从传说中的苗民“五虐之刑”与象刑,到奴隶制五刑与封建制五刑,莫不如此;更值得玩味的是,自本世纪初以来,我国屡次修订刑律均在西方思想指导下进行,主刑的内容亦不断更新,但皆不能突破“五”的框架,即便是新中国的刑法(现行刑法)也不能例外!这在世界法律史上无疑是独一无二的。对此,我
Saying that “Five Sentences” is common to all people in the legal field. However, it is unknown whether people have found such a peculiar phenomenon: China’s main punishment (the actual punishment) has been characterized by five steady criminal moieties since ancient times. From the legendary Miao It is worth noting that it is worth noting that the people’s “Five Worst Forms of Penalty” and the punishment of punishment, to the five penalties of slavery and the five-sentence of feudalism are more worth pondering. Since the beginning of this century, our country has repeatedly revised the criminal law under the guidance of Western thought. It is also constantly updated but it can not break the “Five” framework. Even the criminal law of the People’s Republic of China (current criminal law) can not be an exception! This is undoubtedly unique in the history of world law. In this regard, I