流放又称流刑,是中国古代的主要刑罚方式之一,它起于秦,形成于北朝,至隋唐臻于完备,构成了中华法系的一大特色,是中国特定的政治文化的产物。一、流放的起源与形成谈到古代流放,一般法史著作均上溯至《尚书·舜典》中的“流宥五刑”。《舜典》之真伪姑且不论,其中的“流”也只是传说中的“流共工于幽州,放欢兜于崇山,窜三苗于三危”。属于国家形成前夕原始的部落移民,并非后世的流 Exile, also known as liquidation, was one of the main punishments in ancient China. It started in the Qin Dynasty and was formed in the Northern Dynasties and completed in the Sui and Tang Dynasties. It constitutes a major feature of the Chinese legal system and is a product of a specific Chinese political culture. First, the origin and formation of exile Referring to the exile in ancient times, the general history of the law are dating back to the “Book of Shun Code” in the “flow Yu five punishment.” “Shun Code,” regardless of the true and false temporary, of which “flow ” is only the legendary “flow co-workers in Youzhou, put a favor in the mountains, channeling three seedlings in three crisis ”. The primitive tribal immigrants belonging to the eve of the formation of the country are not the flow of later generations