中国古代 “存留养亲”条文的历史考察

周伯翰,潘 萍 중국지역학회 2020 중국지역연구 Vol.7 No.3

In ancient China, the system of keeping and keeping relatives lasted for nearly 1500 years. The system of surviving and supporting parents was established in the period of Emperor Xiaowen of the Northern Wei Dynasty and formed in the Tang Dynasty. It refers to the criminals who were sentenced to death, exile and imprisonment in ancient China. When their parents or grandparents were not dependent on their adult offspring, the relevant government, according to the relevant conditions, obtained the emperor’s permission to support their elderly parents or grandparents around. The government temporarily delayed the execution of the criminal’s punishment. After the death of the old parents or grandparents, the original penalty shall be executed again, or the new penalty shall be executed after reviewing the original penalty according to different circumstances. This system reflects the rise of related patriarchal ethics to legal norms, in essence, to strengthen the sense of loyalty and filial piety of the ruled, so as to maintain the feudal rule. This paper combs the historical changes and specific contents of the provisions of family support in detail, so as to provide historical reference for the construction of modern legal system. It holds that the system of family support coincides with the development trend of light punishment and careful use of death penalty in China’s criminal law. Therefore, in the process of further improvement of China’s criminal law, we can learn from the positive role of the system of family support and integrate it into China’s criminal law Part of the law. For example, the new criminal procedure law of China stipulates that the defendant who should be arrested, if suffering from serious disease, or is pregnant or nursing her own baby, can be released on bail. This regulation contains the concept of leniency and the legislative spirit of people-oriented, especially taking care of the weak and preventing the old and the young from being supported by no one, which has something in common with the system of family support. For example, China’s probation system, parole system and death penalty probation system are similar to the system of family support. 存留养亲制度在中国古代曾延续长达近一千五百年。存留养亲制度创制于北 魏孝文帝时期, 成型于唐代, 是指中国古代被判处死刑、流刑、徒刑的罪犯, 其 父母或者祖父母没有成年子孙依靠时, 有关官府按照相关条件奏请, 获得皇帝 的裁可, 让其能够在身边赡养年老的父母或者祖父母。官府暂时对该罪犯延迟 执行刑罚。待年老的父母或者祖父母死后, 再次执行原来刑罚, 或者根据情况 的不同再次审查原来判决的刑罚后执行新的刑罚。该制度反映了相关宗法伦理 道德向法律规范的上升, 实质是为了强化被统治者的忠孝意识, 以便于维护封 建统治。 本文详细梳理存留养亲条文的历史变迁及其具体内容, 从而为现代法律制度 的建设提供历史借鉴, 认为留养亲制度与中国刑法的轻刑化、慎用死刑的发展 趋势不谋而合, 因此, 在中国刑法进一步完善的过程当中, 可以借鉴存留养亲制 度的积极作用, 将其融入中国刑法屮一部分。目前已有的例子如, 中国新 ≪刑 事诉讼法≫对取保候审主体的规定: 对于因应该逮捕的被告人, 如果患有严重 疾病, 或者正在怀孕、哺乳自己婴儿的妇女, 可以取保候审。这条规定蕴含的 恤刑理念和以人为本、特别是照顾弱者、防止老幼无人供养的的立法精神, 与 存留养亲制度存在共同之处。又如中国的缓刑制度、假释制度和死刑缓期执行 制度, 均与存留养亲制度有一定的相似

Thermal and Mechanical Properties of Various Natural Fiber/Polycardanol Biocomposites

주군,조동환,백진영,송봉근,김현중 한국고분자학회 2007 한국고분자학회 학술대회 연구논문 초록집 Vol.2007 No.10

홍콩의 자연지형 복원 및 비탈면 녹화기술

김경훈,허영진,주백,강인규 한국산림공학회 2008 산림공학기술 Vol.6 No.2

백두대간에 인접한 석회석 광산의 식생복구 연구(1) -종자파종에 의한 옥계 광산복구 시험시공-

김경훈 ( Kyung Hoon Kim ),주백 ( Paik Joo ),김학성 ( Hak Sung Kim ) 한국환경복원기술학회(구 한국환경복원녹화기술학회) 2011 한국환경복원기술학회지 Vol.14 No.4

The objective of this study was to investigate the possibility of seeding methods for quarry rehabilitation. To achieve the objective, the experiment was designed for rehabilitation of quarry with seed mixing types (woody type and herbaceous type) and forest topsoil. Seeds and seeding materials were applied to the quarry slope using hydroseeding measures. The study was conducted in limestone quarry (Lafarge Halla Cement Inc.) near Baekdu Daegan Mountain System at Okke, Kanwon-do. The experimental seedbed was set in 2007 and field investigation was carried out from 2007 to 2010. As the result of experiment, it was found that the early-phase pattern for surveyed species to establish was affected by the soil mixture types. The mixture type of herbaceous seeds resulted in the higher plant coverage than the woody seeds. The application of forest topsoil showed a potential increase the plant diversity, but it was affected by mixing seeds. Naturally-emerged species as Alnus hirsuta, Quercus mongolica will be useful for rehabilitation at the quarry and damaged slopes.

도시 숲 이용의 극대화 방안 연구

김남춘,이동근,신경준,주백,이병준,김정완,구민규,김재욱,김은영,송원경,옥주희,성현찬 경기연구원 2005 위탁연구 Vol.2005 No.12

기술논문(技術論文) : 생태복원용 소재로서 현지자원의 이용가능성 파악을 위한 발아실험 연구

김경훈 ( Kyung Hoon Kim ),김용 ( Young Kim ),주백 ( Paik Joo ),허영진 ( Young Jin Hur ) 한국환경복원기술학회(구 한국환경복원녹화기술학회) 2015 한국환경복원기술학회지 Vol.18 No.1

The study was conducted to develop ecological restoration method of damaged area in DMZ vicinities. As the material for the ecological restoration, forest soil and trees waste have been used. Forest soils were collected for experiments in Yanggu, Gangwon Province. Effect of ecological restoration was analyzed through germination experiment. Germination experiment was performed using 12 kinds of woody and herbaceous seeds. Woody and herbaceous seed germination in test pot was relatively evenly. Mixed material consisting of forest soil and trees waste seemed a possibility as the material for the restoration. The effects on seed germination were higher in the case of mixing more than 70% by volume ratio of local resources. Total number germinated individuals were different depending on the mixing ratio of soil sampling depth. Individual plants showed different trends depending on the experimental combination. Results of the woody seed germination were affected only in the soil sampling depth. Seed germination of herbaceous received a combined effect on soil sampling depth and mixing ratio.

임목폐기물의 현장 재활용을 위한 퇴비화기술

허영진 ( Young Jin Hur ),고정현 ( Jeung Hyun Koh ),주백 ( Paik Joo ),안태영 ( Tae Young Ahn ) 한국환경복원녹화기술학회 2009 한국환경복원기술학회지 Vol.12 No.4

The main purpose of this study is as follows: Finding a solution for fresh wood chips to be used as an alternative growing-media through a study of the formation method of a compost base that is applicable on both construction site and composting factory to ferment fresh wood chips produced from construction site as well as a study on adjuvant or secondary materials. The result from the experiment plot using wood chips sized 50mm or less, manure and fertilizer mixed manure as a source of nitrogen to compost fresh wood chips has shown that the temperatures 9days and 3days after the beginning of the experiment reached to 49.0℃ and 40.4℃ respectively, the heating duration was 7days and 4days respectively, and the C/N ratio was 26.5 and 25.3, each satisfying the standard for composted manure (25.0~40.0). Also, the other result from another experiment plot using mixture of sandy soil and microorganism as an inoculation source of microorganism has shown that the temperature 10days after the beginning of the experiment reached to 67.6℃ and lasted 16days. The experiment plot using sandy soil has shown the highest figure of 5.3×108 CFU/g in terms of number of microorganism. The result from the experiment plots for on-site composting of fresh wood chips have shown that the experiment plot that used sandy soil with fertilizer due to supply restriction of manure as a nitrogen source in construction site reached the high temperature of 54.7℃ after 3days of experiment beginning and maintained heating state for 17days and reached 30.6 of C/N ratio, satisfying the standard for composted manure.

고속도로 비탈면 식생 모니터링을 통한 녹화공법 평가기준 연구

김경훈 ( Kim Kyung-hoon ),전기성 ( Jeon Gi-seong ),허영진 ( Hur Young-jin ),박종철 ( Park Jong-chul ),주백 ( Joo Baek ),강대인 ( Kang Dae-in ) 한국환경복원기술학회(구 한국환경복원녹화기술학회) 2020 한국환경복원기술학회지 Vol.23 No.6

A study was conducted to present the criteria for evaluating the revegetation method of the slope of the expressway. The results of comparative analysis between 2019-2020 field survey and existing research data (2015-2016) are as follows. Soil is a very important factor at the beginning of revegetation work. However, after the plant has settled, the importance of the soil composition diminishes. Among the plants used, the number of plants sown at the beginning gradually decreases. And it changes as it competes with invading plants. Among the plants used for sowing, it was found to affect the vegetation composition in the order of exotic grass > native herb and wildflower > native tree. Plant coverage is continuously evaluated as an important factor regardless of the time. The vegetation structure on the slope will change continuously over time. New items need to be evaluated in situations where a lot of time has elapsed since the application of revegetation work. It is desirable to use the current evaluation standard only to perform the evaluation within 1 to 2 years. In the long run, it is necessary to establish a new evaluation standard that adjusts the weights of each item.