Puning people beat thieves. Was the thief killed?
Slow down? Drink a lot of cows? Hey? Please, this letter must be delivered to your lady in person, and then the maid, the matchmaker, will thread the needle. Miss, do you think this is funny or not? You asked me to give him a message for no reason, saying that you like her very much. In my opinion, he is a toad and wants to eat swan meat. Oh, did you tell anyone about it? Does the old lady know? No, I don't think so. It turned out that the young lady also had feelings for him, so Cui Yingying promised to meet him and have a tryst. Of course, the handwriting is very secret, so please ask the matchmaker to pass it on. He told me to take the moon to Xixiang. The wind was blowing, the wall was moving, and people came for a while. After Zhang Sheng got this, he went crazy. It seems that this Miss Yingying is suggesting that I will climb over the wall to see her tonight, which is exactly what I want, so he was there that day. I don't know who is Zhang Sheng and who is Zhang Sheng. I am here to burn incense. You are here for no reason. If my family knows, see how you explain it. She said I'd shout. A scholar like you has a bad face. There are thieves in the matchmaker. The matchmaker ran away. Where is the thief? Who is so bold? I'm Zhang Sheng. Don't shout. When the matchmaker sees and understands Cui Yingying, she should improve herself. Then she told Zhang Sheng, and she said, Zhang Sheng, what are you doing here? Who told you to enter people in the dead of night and be regarded as a traitor? Don't you know that only thieves invade in the middle of the night? Miss, I think the government should be punished and beaten. Anyway, sending him to the government is also a beating. Zhang Sheng was so scared that he had to beg for forgiveness. He hurried back to his room, where he was seriously ill. This is what I said. This proverb has been mentioned in the lines. It seemed very, very popular in the Yuan Dynasty. Out of concern for the privacy and safety of houses, ancient Chinese laws have always stipulated punishment measures for illegal intruders. In some dynasties, even homeowners were allowed to deal with intruders in the most severe way. What are these harsh measures and how much power can the homeowner exercise? It is said that it was the Western Zhou Dynasty three thousand years ago. According to the law of the Western Zhou Dynasty, if a robber attacks a house, it is innocent for the owner to defend and kill all these thieves on the spot, which is not a crime. Now we can see it in the bamboo slips of the Qin emperor in Shuihu and the Han tomb in Zhangjiashan. The law at that time did have this content. In both cases, killing is not a crime. One in the car, one in the car and one in the boat. Because if something goes wrong in this place, it is easy to capsize and cause public casualties. Therefore, it is required that if someone tries to rob a car or a boat, he should be killed on the spot, and the person who killed him should not admit any criminal responsibility. On the other night, people who intrude into his house for no reason should be killed. In the Tang Dynasty, this law clearly stipulated that anyone who entered the house at night without any reason should be killed. The legal explanation is clear. Night is after sunset, and it is night after sunset. What if there is no sun on this day? The law is very detailed. If there is no sun on this day, how can it be called sunset? Depending on the time indicated by Didi, after sunset () in the season, it is called night, and many people enter other people's homes. There is a yard outside the house, and there is a door at home, which door counts. Just enter the yard, enter the yard at night and enter the gate. If your home has a yard, just enter the gate and enter your home. You are innocent of violating others for no reason. Who is the man who came in for no reason? Is it everyone? This is how the law is interpreted. What does it mean to enter without reason? What kinds of situations are included? You can judge whether this person has an attack intention. Either stealing, even if you know that he is not here to kill, you know that he is here to steal or rape or commit adultery. These are all targets that can be killed. You can kill him, as long as you can find out, or you can't find out, but if the other person doesn't say it and you can't identify the other person, you can kill him, so in fact this law excludes it. If you enter a person at night, then this (law) does not apply, and everything else applies. As long as it is a male adult male who runs to someone else's house at night for no reason, the owner will cut off the electricity for you without any criminal responsibility. Here comes the problem. If he comes to your house at night for no reason, he won't die with a knife. For example, he cut off a hand, ran home with it in his hand, and told you at the yamen the next day that you ran to his house to play last night and he cut it off. The law is handling it strangely at this time. Its law stipulates that the law itself does not stipulate how to deal with people who enter people's homes at night without reason. It just means that the master has no sin in killing him, so if the master didn't kill him at that time, he would be beheaded and then locked up and sent to the government the next day. Can it or can it be handled by the government? But how is this Tang law stipulated? If that's the case, you can lock him up for one night, or when a government official catches this person red-handed, you can judge that he entered the house at night anyway. How much is the charge? The charges are nothing more than eighty strokes with a stick, eighty strokes with a butt and eighty strokes with a slap. If you don't report to the government, you will kill him on the spot. Detaining him means killing him immediately on the spot. It is not illegal to kill him immediately. You sent him to the government and said he was. This legislative orientation is obviously advocating that everyone should use their own strength. Legally, we call it self-help, and use our own strength to maintain the safety of your home. You send it to (the government) by law, but reduce it. This is a special legislation on night protection of houses in China. It uses the owner's self-help and self-defense methods, and uses the most severe defense means to protect the safety of the home. This law lasted until the Qing Dynasty. It is stipulated in this way, so people who enter people's homes at night for no reason are not guilty of killing, and entering people's homes at night is not rape or theft. It doesn't matter to go to others at night anyway. This principle was maintained until the Qing Dynasty. In the novel "Surprise Two Moments" in the Ming Dynasty, many thieves were mentioned. He didn't go into people's houses to show his skill, because you went into people's houses at night to steal things. So capable people don't go in and steal things. Mentioning one of them is a bet. The family made a bet with a thief that if you are really capable, don't come into my house and steal this hip flask. This can be taken seriously. If you can really steal it, I will be convinced, but I don't think you have the ability. Whether I have this ability or not will be known at night. He will put a hip flask on the table. Later, the thief really didn't enter his house. He climbed from the roof to the beam. After uncovering the tiles, he stretched out a reed from the roof. A pig's bladder is placed on the reed, tied to it like a plastic bag, and then placed on the bottle mouth of the hip flask. He used this reed to blow, and when the pig bladder swelled, he propped up the hip flask. Then he slowly lifted the reed and stole the hip flask. This thief is very famous. It is said that thieves did not enter people's homes when stealing food. He made a hole in the granary, put a bamboo tube in it, and let the rice be unloaded on the boat. Then he drank and sang with a group of friends here, and used this noisy sound to cover up the sound of rice rushing into his cabin, because if he was caught at night, he would be in trouble. When the fleas were drumming up in Water Margin, he was stealing from Xu Ning, the gold gunner, when Xu Ning heard the sound. Hey, what's that noise outside? what should he do ? He should bark like a mouse and fight like a mouse. This is a rat fight. Go to sleep. Then Xu Cai Ning can rest assured that Xu Ning, the golden gunner, has high martial arts skills, and it is impossible to drum fleas and use force. So he tricked them into his home in this way, and then jumped out to protect Xu Lin. The thief's self-defense method is to prevent himself from being killed, so there are also such thief methods. Although the ancient Chinese law was characterized by attaching importance to the concept of state and never allowing individuals to protect their own interests by violent means, the law was lenient in protecting the sacred home and security. Why, what kind of ideas are hidden behind it? In the19th century, the law still maintained the innocence of killing at night, that is, allowing the use of private forces for the highest level of self-defense, but the laws of the state did not participate. You really went into other people's homes, and you went into other people's homes at night. This charge is not very serious, and it was still eighty sticks in the Qing Dynasty. It's different. Generally speaking, ancient Chinese laws did not allow strong self-help, and the concept of self-defense we are talking about now did not exist in ancient China. In ancient China, you killed people under any circumstances, and two people fought to kill people. That is fighting and killing. You still have to pay the price of your life, and you still have to be sentenced to death. There is no such thing as self-defense. Whoever strikes first will use it. When it threatens my life, I am forced to defend myself. Without this concept, China's concept of self-defense is only preserved in the concept of entering the people at night and killing innocent people. Only powerful means are allowed to maintain the family, the house and the security of the house. Others don't have this concept. In European law, the concept of self-defense has existed for a long time, and in many cases, if you kill others, you don't have to compensate for the losses. But only in the maintenance of houses, after19th century, did people gradually emphasize (with the help of) the power of the public to maintain the safety of houses. It raises the crime of violating residential safety very high, and there are two differences. We mainly rely on our own strength to defend the safety of our houses. Ancient China mainly depended on itself. After modern Europe, it mainly relied on the law. Entering residential buildings at night constitutes a major law. Entering residential buildings at night, or these places equivalent to residential buildings, constitutes a felony. We do not constitute a felony. You do not constitute a felony. But the master can use it to kill you in self-defense, but it is very light to pass the law (judgment). Why, why are there such differences between the two laws? Why don't we use the power of law? Why not set the crime of breaking into houses at night? We have this crime, why not increase the punishment for it? Why? I think there are two reasons. The crime of breaking into houses at night is difficult to prove. You shut him up at home for one night. How do you prove that you arrested him at night? You arrested him during the day and sent him to the government the next day. It is difficult to prove whether he can enter people's homes at night. Moreover, life in ancient China was close. We adopted this close-knit lifestyle long ago, one family at a time. Even some villages are surrounded by walls. This is a residential area with walls. It is a very close residential area, which is easy to cause. It's easy to enter your family when you take a walk together at night. In this case, you have to prove that he entered the house at night. If it is difficult to prove, you can kill him there and shoot him on the spot. There is nothing to say about the blood here. This is really killing at night, if it is killing during the day. He can fight with me, so this is to reduce the difficulty of proof. This is the most severe method. It believes that this method can be used. It emphasizes the right of self-defense. Because our other (ancient) laws do not emphasize the right to self-defense, we emphasize the right to self-defense here. Ancient legislators thought it was enough to keep the house quiet. This is a technical situation. The other is the change of legal practice. It pays attention to protecting the state power itself, and the important purpose of the government is to protect itself, not to protect the people. As long as the struggle between the people does not directly affect the government's rule, the government's tax revenue and the government's ruling order, as long as the general social security situation does not seriously affect social security, he can let go. Most of them are thieves. The government thinks it's better to let you take care of yourself in this way. If you catch thieves who break into houses at night, you should send them to the government to deal with them. If the government uses heavy penalties to deal with it, it will cause many unjust cases and greatly increase the litigation cost of the government. The government has invested too much energy in this area and thinks it is not cost-effective for the government itself. So until the Revolution of 1911, our ancient laws in China only used this means of self-defense. In order to protect residential safety, after the Revolution of 1911, during the Republic of China in China, it was regarded as a crime to enter residential buildings at night, and it was emphasized that people could not enter other people's homes at night. What about arresting people at night? I also have to identify myself. I am sent by my master, so I have to show my waist tag, or surround myself at night and arrest me during the day. As you may remember, the true story of Ah Q is also like this. When The True Story of Ah Q caught Ah Q, they were also surrounded and afraid to go in. I said that whoever volunteers will be rewarded with a small sum of money, and whoever bravely climbs in will be rewarded with three small sums of money. On the one hand, I am afraid of Ah Q's resistance, on the other hand, I can't figure it out. Therefore, in ancient China, it was stipulated that arresting people could not be done at night, which was easy to cause misunderstanding. Because the other side has the right of self-defense, it wants to kill government officials, so in ancient China. Moreover, we should not only catch them during the day, but also inform local government agencies, local security agencies and local civil organizations, such as protecting a place and protecting a place for a long time. We can catch it in public with our neighbors, but we can't catch it at night, because there is no way to show our public identity, which gradually forms a folk proverb, which truly embodies the laws of China. European and American capitalist countries, modern capitalist countries, with the enhancement of technical means, feel that this kind of thing can not be given to private people, so its right to self-defense is gradually decreasing. It gradually relies on the power of law and public law enforcement to protect houses. So the situation we are talking about does not exist in modern China. Now, we are not guilty of stealing or entering people at night, and this can no longer be used.