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到汉文帝废除肉刑为止,肉刑作为一种正式的刑罚已经存在4000多年了。肉刑是一种以残害人肢体与肌肤的酷刑,突出表现古代法律之野蛮和残酷。但肉刑在一定的历史时期具有其特殊的作用,它可以预防犯罪和实现报应的功能。肉刑的废除具有历史性和进步性理应为人们所称赞,但是从汉代开始的关于肉刑的存废之讨论延续了很长时间,而且提倡恢复肉刑的学者大有人在。《汉书刑法志》对肉刑存废这一问题做了深刻的讨论。
By the time Emperor Han abolished the crime of corporal punishment, corporal punishment had existed for more than 4,000 years as a formal punishment. Corporal punishment is a form of torture that ruins the body and skin, highlighting the savagery and cruelty of ancient law. However, corporal punishment has its special role in a certain historical period, it can prevent crime and realize the function of retribution. The abolition of corporal punishment should be praised for its historicity and progress. However, the discussion on the abolition of the penury imposed by the Han Dynasty has been going on for a long time, and a great many scholars advocate the restoration of the penitentiary. “Han criminal law” on the carnality excuse this issue made a profound discussion.