刑人於市：明代棄市刑探析

Public Execution at the Market: An Exploration and Analysis of Qishi in the Ming Dynasty

古代於市集執行死刑，將屍體棄置示眾，稱為「棄市」。明代死刑執行方式，以斬刑、絞刑和凌遲為主，棄市雖未具文於律法之中，卻沿襲此一古老刑罰，它成為明朝皇帝打擊臣民的重要手段。各級官員中，如兵部尚書于謙、內閣首輔夏言與遼東經略熊廷弼等人均遭棄市而亡。這種當眾污辱遺體的行刑方法，在明代十分盛行，是僅次於凌遲的刑度，目的在讓萬民引以為鑑，不可重蹈覆轍。本文藉以耙梳史料、彙整史例，除探討帝王使用棄市刑罰的原因、官民觸犯的死罪條例以及其存在的時代意義外，同時也針對棄市行刑的時地、用刑不當的彌補方法與臣僚是否支持使用棄市等加以剖析。未在《明律》規定的棄市刑法，適用於各種犯罪類型，反映出絕對的君臣關係，是明代皇權政治的高度體現。 In the old days, executions were conducted at markets, with the corpses abandoned and shown publicly. This method of execution was known as qishi 棄 市. In the Ming dynasty, executions were carried out mostly by beheading, hanging and slow slicing. Although qishi was not included in any written legal codes, it continued to be used as a matter of custom. For the Ming emperors, qishi was an important means to oppress their subjects. Minister of War Yu Qian, Senior Grand Secretary Xia Yan, and Military Delegate to Liaodong Xiong Tingbi were all executed by qishi. This humiliating execution was an extremely prevalent punishment in the Ming Dynasty. Second only to slow slicing in terms of severity, the purpose of conducting qishi was to set an example for the people, to teach them a lesson and warn them not to make the same mistake. This article collects and organizes historical cases of qishi. It examines the reasons why emperors carried out qishi, as well as the specific criminal laws violated by the condemned. It also discusses the context in which qishi was conducted, the compensation when the punishment was wrongly applied or misused, and officials’ positive and negative views of the practice. Although not recorded in the Great Ming Code, qishi nevertheless was applied to a wide range of criminal cases. As a punishment, qishi reflected an absolutist emperor-minister relationship, and demonstrates the nature of imperial politics in the Ming dynasty.

In the old days, executions were conducted at markets, with the corpses abandoned and shown publicly. This method of execution was known as qishi 棄 市. In the Ming dynasty, executions were carried out mostly by beheading, hanging and slow slicing. Although qishi was not included in any written legal codes, it continued to be used as a matter of custom. For the Ming emperors, qishi was an important means to oppress their subjects. Minister of War Yu Qian, Senior Grand Secretary Xia Yan, and Military Delegate to Liaodong Xiong Tingbi were all executed by qishi. This humiliating execution was an extremely prevalent punishment in the Ming Dynasty. Second only to slow slicing in terms of severity, the purpose of conducting qishi was to set an example for the people, to teach them a lesson and warn them not to make the same mistake. This article collects and organizes historical cases of qishi. It examines the reasons why emperors carried out qishi, as well as the specific criminal laws violated by the condemned. It also discusses the context in which qishi was conducted, the compensation when the punishment was wrongly applied or misused, and officials’ positive and negative views of the practice. Although not recorded in the Great Ming Code, qishi nevertheless was applied to a wide range of criminal cases. As a punishment, qishi reflected an absolutist emperor-minister relationship, and demonstrates the nature of imperial politics in the Ming dynasty.