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唐代的杖刑是一种比笞刑重又比徒刑轻的刑罚,为唐律规定的“五刑”之一。就其实质言,是用刑杖捶击犯人的身体, 属于近代法学上所说的身体刑一类。从刑罚的力度上看,是介于笞刑与徒刑之间的一种刑罚,具体又分为杖六十、杖七十、杖八十、杖九十、杖一百五个等级。唐律虽对杖刑作了具体而明确的规定,但在对杖刑的实际执行和运用中往往有超越或不顾律条明文规定的现象,使本来独立的杖刑或成为一种刑罚的
The execution of the Tang Dynasty was one of the penalties heavier than the punishment and lighter than the punishment, one of the “five sentences” stipulated by the Tang Law. In its very nature, the prisoner’s body is punched with a cane, which belongs to the category of physical punishment mentioned in modern jurisprudence. From the point of view of the penalty, it is a kind of penalty between gauntlet and imprisonment, which is divided into sixty, seventy, eighty, ten, and one hundred and fifty levels. Although the Tang law made specific and definite provisions on the execution of the execution of a sentence, the actual execution and application of the execution of the execution often have the overtopping or disregarding of the express provisions of the law, so that the originally independent punishment or punishment becomes a punishment