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本文认为耻辱刑作为一项制度制度可以作为研究我国传统刑罚体系的另一基点。耻辱刑可以作为主刑中一种独立的刑种;也可以作为附加刑出现的;还包括作为其他刑种的一种衍生物,而非一种独立刑种。文中认为它包含了中国传统文化的基本精神。我们只有透彻地了解中国传统文化在刑罚制度中存在的合理内核以及其历史局限性,才能发挥刑罚制度作为构建现代和谐社会的保障作用。
This dissertation considers shame sentence as a system and system as another basic point to study the traditional punishment system in our country. Shame punishment can be used as an independent torture in the main punishment; it can also appear as an adjunct punishment; it also includes as a derivative of other torture rather than an independent torture. The article thinks it contains the basic spirit of Chinese traditional culture. Only by thoroughly understanding the reasonable core of the traditional Chinese culture in the penalty system and its historical limitations can we give full play to the penalty system as a safeguard for the construction of a modern harmonious society.