摘要
中国古代直诉中的自残行为有髡发、耳、面、钉手等多种表现。直诉者进行自残一则表明自己将诉讼进行到底的决心 ,这是当时直诉制度的种种弊端使然 ;二则表达自己主动受罚的诚意 ,这是受当时人们思想意识的影响。直诉中的自残现象主要集中于汉至唐、宋时期 ,由于统治者的长期严厉禁止 ,到明、清时 ,其行为发生转变。
Self-injury in direct appealing in ancient China took the forms of shaving off one's own hairs, injuring one's ears, tattooing one's own face, driving nails into one's own hands, etc. The purpose of self-injury in direct appeal was, on the one hand, to express the determination to carry the lawsuit to the end, which was a result of the various drawbacks of the direct appealing system, and, on the other hand, to show the willingness to accept punishment, which reflected the people's ideology at that time. Self-injury in direct appealing was most widespread in the Tang and Song dynasties, but the practice had been gradually changed during the Ming and Qing dynasties due to the strict prohibition by the government over a long period of time.
出处
《法学研究》
CSSCI
北大核心
2002年第1期93-99,共7页
Chinese Journal of Law
