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汉文帝将存在中国古代几千年的肉刑废除,是刑罚由野蛮迈向文明的标志。但是肉刑废除后,刑罚体系不完整等弊端的显现,恢复肉刑的思想沉渣泛起,不断有人提出恢复肉刑。魏晋时期关于是否应当恢复肉刑的争论达到了顶峰,这场争论对我国古代刑法理论的充实以及封建制五刑的确立起到了推动的作用。
Chinese Emperor will exist for thousands of years in ancient China abolition of torture, is the punishment from barbarous to civilization symbol. However, after the abolition of corporal punishment, the penalty system is not complete and other drawbacks appear, the idea of resumption of corporal punishment has surfaced, and some people have repeatedly proposed restoration of corporal punishment. The controversy over whether or not the restoration of corporal punishment should be resumed at the peak of the Wei and Jin Dynasties played a catalytic role in the enrichment of our country’s ancient criminal law theory and the establishment of the five-sentence of the feudal system.