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西汉文帝乃中国历史上少有的有道明君,其废除肉刑之举尤其为千古仁政,亦为中国刑罚制度演进中的一桩大事,因而为治法史者所关注,自来论者多亟称之。~①然而,针对文帝废肉刑是否包括了宫刑,古今学者各抒己见,遂演成一桩聚讼不休长达千年的学术公案。在争论的两派中,有说文帝所除肉刑包括黥、劓、刖三种,而不及宫刑;有说文帝除肉刑时将宫刑一并废除,或至少承认文帝有除宫刑之事。(据此,我
The Western Han Dynasty Emperor Wen was a rare Taoist monarch in Chinese history. His abolition of torture, especially the eternal renunciation of humanity, was also a major event in the evolution of the Chinese penalty system and was therefore of concern to the historians Call it. However, in view of whether the imperial edict imposed the imperial punishment on imperial civil law, scholars from both ancient and modern times expressed their opinions, and then acted as a collegial case for several thousand years. In the two parties to the controversy, there are three types of shamelessness, including imperialism, imperialism, and imperialism, which are not the same as the imperial punishment but the imperial prosecutors, besides the grave punishment, abolish the imperial punishment or at least admit that the imperialist emperor has the exception of the imperial court. (Hereby, me