@article{oai:nagoya.repo.nii.ac.jp:02005272, author = {曹, 紳純 and CAO, Shenchun}, journal = {名古屋大学人文学フォーラム, Humanities Forum, Nagoya University}, month = {Mar}, note = {Tingzhang is a kind of cane penalty beside the usual law, which is cruel and insulting. Using this penalty against bureaucrats is a unique phenomenon in Ming Dynasty politics. However, the cane penalty (Tingzhang) in the early Ming Dynasty is not the same as the Tingzhang in the middle and late period. In the Hongwu period, under the policy of using heavy sentences to govern bureaucrats, ther e were many cases of officials being tortured. However, we can only see one case where officials were punished by the Tingzhang. In addition, the Tingzhang of this period was only a kind of temporary, occasional cane penalty triggered by the emperor's anger. This is due to the recognition of the notion that scholar-officials cannot be insulted. Resultantly, the use of insulting penalty, like the cane penalty, was deliberately suppressed. In fact, the cane penalty did not just exist in the Ming Dynasty. It h as been practiced since the Later Han Dynasty. From the Hongwu period until the Tianshun period, the Tingzhang was still a special cane penalty which occurred occasionally. However, during this long period, especially after the Xuande period, the notion that scholar-officials cannot be insulted gradually came to be disrespected by the emperor and one insulting form of penalty less cruel than the Tingzhang was used on the officials. Later, in the Chenghua period, the Tingzhang occurred frequently, and was no longer an occasional occurrence. Most importantly, it was enforced through Zhaoyu, the judicial system dominated by the emperor, and there were fixed procedures for its implementation. This has never happened before the Chenghua period and means the appea rance of the Tingzhang unique to the Ming Dynasty. Therefore, the Tingzhang of the Ming Dynasty did not originate in the Hongwu period, but was a product of special political circumstances in the mid -Ming Dynasty.}, pages = {167--182}, title = {明代における廷杖の登場}, volume = {6}, year = {2023} }