Human Life and Human Rights: death penalty Data and sentencing Procedure during the Song Dynasty

ZHANG Shoudong

PDF(337 KB)
PDF(337 KB)
Front. Law China ›› 2020, Vol. 15 ›› Issue (4) : 390-408. DOI: 10.3868/s050-009-020-0023-9
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Human Life and Human Rights: death penalty Data and sentencing Procedure during the Song Dynasty

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Abstract

The adjudication and amnesty system in the Song Dynasty has been thoroughly researched by academia, but the annual death penalty numbers have not been credibly determined due to insufficient and disorganized historical records. The period’s policy that no innocent person would be executed was based on the double-digit record of capital punishments for Zhenguan during the Tang Dynasty, and the execution number was adjusted accordingly. As a special procedure, Zoucai (a request for judgment) was used to reduce the death penalty numbers. The value of human life, concern about excessive execution, and trimming of the capital punishment regime resulted in conversations between the emperors and their officials about the death penalty, which allowed the law that executed capital punishments during the Song Dynasty to strike a proper balance between justice, efficiency, and mercy, while avoiding rigidity and abuse.

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Song Dynasty / death penalty / human life / human rights / Zoucai

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ZHANG Shoudong. Human Life and Human Rights: death penalty Data and sentencing Procedure during the Song Dynasty. Front. Law China, 2020, 15(4): 390‒408 https://doi.org/10.3868/s050-009-020-0023-9

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