Stop assuming to become
Shen Jiaben quoted the complicated thoughts and viewpoints of corporal punishment involved in the Criminal Law of the Northern Dynasties in his "Examination Five of Ancient Criminal Law", some of which are in the last column:
The corporal punishment of Emperor Wen of the Han Dynasty, the benevolent government throughout the ages, and the prohibition of it is not the first discussion-... The construction of the cover was never prohibited, because the interests of the fuel were still unknown, and the Eastern Jin Dynasty and the Legalists had the last argument. As a result, the reform of Zhang Cang law only abandoned the right to the city, from birth to death, which was considered artificial at that time. One day, the tenor will pass the ball not because he has a special right to speak. Commentators know that all corporal punishment methods also satisfy endless arguments. How to repair them? [ 1]
Shen Jiaben, that makes sense. Prose, pursuing the emperor's reform with some imagination, may have to face the reality, and the tenor method may not be found from that day.
The second corporal punishment, as recorded in the Question and Answer of Law, Qin Jue can see in the aggravated explanation that in the case of a crime, the maximum sentence is only reduced to the last paragraph:
What is "aggravating"? Five thieves, the stolen goods are one penny more, and the left is cut to stop the Qing dynasty; I didn't get more than 660 yuan from the five thieves, so I thought it was Chengdan; The rest of the money from 660 to 220, clear and white, no less than 220 points of income, moved. [2]
It can be guessed from the Qin law that if the maximum penalty for theft goes from left to right, the common crime of stealing stolen goods in Qin will not be sentenced; Another possibility is that, on the contrary, if the theft is not aggravated, the maximum penalty may be a certain amount of stolen goods, and then as a crime, the maximum penalty for theft can only be added to only one piece, and then it is not aggravated and directly entered. Regardless of the facts, you can make the following guesses first:
A. cut it off from the end that is heavily used.
It is difficult to understand the emperor's reform. Later, the ghost town was cut right. Considering whether the emperor is a mediocre master, it is impossible to criticize him, let alone punish him. If there is no good reason, he may be influenced by future generations. Zhang Cang, the prime minister, and a group of experienced courtiers agreed to the reform plan put forward on this issue. If there is no reason to cut and only change abandoned cities, then all people will be divided if they participate in the proposed law. Moreover, if they don't make corresponding analysis and explanation, Emperor China is also very sad about this last pass. However, this is obviously against reason. The emperor actually didn't comment, but "system theory" didn't stifle approval. Then our analysis should be indifferent to the reasons why we didn't see the changes in practice from the history books. Needless to say, the crux of the problem is whether to cut power and under what circumstances to manage it. According to the literature, it seems that we can make a second guess:
B. the reduction of power is aggravated or used to end recidivism. Once cut from right to left, it may mean that sinners will no longer exist. This is divided into two situations: one is to cut off only the transplant for judging sinners. The criminal committed a crime before and was beheaded as a leftist. If they commit the crime of stopping the Left again, their beheading right or recidivism has been cleared, and the reduction of the crime is over.
"The Biography of Historical Records and Sun Tzu Wu Qi mentioned that Pang Juan was jealous of his classmate Sun Bin and Zhao Kuangyin was under criminal law, so he wanted to hide it."
Another example is Chu Yupu's partner, Feng's partner's partner in Everything is done wrong. This person also called Wang a liar. He cut off his left foot Qiu and ascended the throne. Wang Puxian died of Feng. Once again, tell Wang's partner Shi that Wang lied again and cut off his right foot. "
This is an example of the pre-Qin era, reflecting the situation of the Han Dynasty, and seeing the bamboo slips of the Han nationality, Playing the Divination.
Early cases. The court said: a registered name that uses female characters to escape and automatically register from the universal title number to conceal its identity is officially registered, and then they belong to it. Ming, she implicitly formally solved his wife's marriage problem. Here, in this case, the silver crown is the initial training solution. The reasons such as corporal punishment by hidden officials, imprisonment, and the crime of being taken away after pardon are no longer regarded as prisons. It arranges people to live and work in places where they can't easily meet people.
The case was filed because the character (the original owner of the character) was sent to the official and the defendant fled. The official solution is that Yin Qing married this character. According to the law, after marriage, his wife Qingcheng Dan was sentenced to fixed-term imprisonment as a person who violated this law, and was given corporal punishment and a tattoo of Cheng Dan's hard labor. Is one of the lowest corporal punishment, close and cut off the nose, cut off the left and right sides, and end several levels. However, in this case, the punishment was not the first crime, because he had been punished by corporal punishment before and would not get a tattoo again. The sentence "Cut the left for the city." [3]
From this, it can be inferred that the "solution" of hiding officials can be forgiven, and later efforts to clarify light or heavier criminal offences will be over. Presumably, if they meet the situation at that time, then "solution" needs at least three crimes to be established, and one crime can be reduced on the right side. On the other hand, if a person's repeated crimes are clear and light, then four criminal crimes will be reduced before the correct crimes are achieved. The heaviest of the above five items is more severe punishment. Only by "stealing stolen goods costs a penny more and cleaning up the city" can we reach the end of corporal punishment. In this case, it should be rare for them to repeat crimes in number, and the crimes are heavier.
Inference, such as the link to see the emperor's criminal system reform, Zhang Cang and others put forward the procedure to change power and abandon the market. In fact, the heavier crimes that may be committed repeatedly achieve the purpose of cutting power, not punishment. As for the first offense of the Han Dynasty and Yi
Crime will be cut to the end, and I'm not sure now Personally, I agree.
The descendants respected by the Tang law are laws that aggravate the punishment of recidivists. Look at a regulation, "the law of thieves and thieves: all the stolen rear areas have promises of only 2000 miles;" Three thieves flow, distortion.
Although this is only a special crime of theft, it is not regarded as a general principle, but the original intention of legislation is explained by small suggestions. In essence, whoever has committed several crimes does not think that repentance is a heavier punishment. A mild suggestion is actually: "A thief, a huge beetle recidivist, jumps out of 30% of criminal courts indiscriminately, assuming that you will be brought to justice in the end." The crime of this law clearly shows that the punishment and severity in the Tang Dynasty are invincible. In addition to corporal punishment, contacting Han changed the ghost town. It is also for the same right to consider corporal punishment for recidivists to change the ghost town. The composition of "recidivist" is very difficult. In order to avoid the abolition of corporal punishment, it may bring about the problem of lighter punishment for these people. Is it unreasonable?
The descendants who accused the emperor of the reform point said that cutting power not only changed the ghost town, but also made people unable to understand the specific situation. It is true that no appropriate action has been taken to change the laws of Wendi and Zhang Cang. I don't see anything wrong. There must be a reason why I am not known to future generations. I want to find a more reasonable explanation according to the newly unearthed book Wanbu in Han Dynasty, so I put forward these opinions. According to scholars who sorted out bamboo slips, there were still a lot of corporal punishment in Han Dynasty, such as tattooing, cutting off the nose, cutting off the left, and finally cutting off the right. [4] The end of cutting power is a key explanation for the emperor's reform. The viewpoint in this paper can only be used as a reference hypothesis, and it is hoped that the bamboo slips published will be partially verified.
BR/>； Reflecting the current requirements, a statement by Emperor Wendi of the Han Dynasty focused on the analysis of economic destruction and the preservation of social productive forces in addition to the evaluation of corporal punishment. For example, some scholars said: Wen Jing's "World Criminal Law Reform" explicitly proposed the abolition of corporal punishment, and the transition of China society from slavery to feudalism was an important change. The emergence of the legal system is a major historical progress in the development of the penalty system. The core content of slavery, corporal punishment and criminal punishment system is brutal and cruel punishment that dismembers the body, destroys people's physiological function and causes lifelong disability. Some personal injuries to the labor force have seriously damaged the healthy development of social productive forces and hindered normal social and economic activities, which has been unable to adapt to the fact that feudal individual small farmers have developed into a broad social foundation. The feudal individual peasant economy constituted the main economic sector, and the social needs of the feudal era could not meet the growing needs of the ruling class for labor exploitation. Therefore, the reform and abolition of corporal punishment in the written world not only expanded the targets of exploitation, but also the source of material wealth created by society was conducive to the development of production and economic recovery, which promoted the history of human social progress, and also made the relatively slow humanitarian system gradually transition from capital punishment to cruelty, eliminated the negative impact of slavery and promoted the in-depth development of feudal legal system.
I personally used to hold this view. In addition to the view that corporal punishment is beneficial to economic and social development and the needs of labor relations, our view may seem a bit far-fetched at the specific time of Wendi reform.
There seems to be no so-called corporal punishment in the criminal system during the emperor's reform, which seriously damaged social productive forces. Before the History of Han Criminal Law mentioned that the abolition of corporal punishment constituted a channel, Ban Ki-moon said this: "The throne of filial piety ... is generous and sparse, which is widely forbidden to elect and release Zhang Yuting indiscriminately and doubt China. The punishment based on the closure of 400 prisons by the Ministry of Punishment is wrong. "Another year passed and 400 criminal cases were tried. Of course, this may be a rough figure, but because there is an exact basic figure of 400, it should have certain credibility. If you think this is just a forbidden courtesy, you may need to produce other evidence to prove it, which will be hard to convince. According to this figure, it is bound to be difficult to answer if we continue to ask questions. For example, it only costs 400 yuan a year to go to prison. If the criminals are punished, including punishment, corporal punishment, imprisonment, the crime of moving the capital, and all kinds of property punishment, then the punishment of corporal punishment is very limited, only 400 boxes of components. Judging from the labor force, compared with the Han dynasty, there are already millions of these people, which can't be said to be minimal. For example, even if there is a felony in this world (I don't know whether it is based on this meaning or I infer that there is a felony), it is a difficult and labor problem, not to mention the felony including punishment, and there are even 400 cases of corporal punishment of sinners. What is this? But 400, just from the labor force, there is no need to keep corporal punishment, which can not meet the needs of the growing ruling class and labor exploitation. More importantly, it is ignored, that is, according to the actual situation, even if corporal punishment is used, it does not mean complete incapacity. Clearing sin should be used in most punishments, and nose cutting is generally not a lot. In terms of working ability, getting a tattoo and cutting a nose is almost unaffected. As for the penalty kick, at least we know that the penalty kick is often a light sentence of imprisonment. According to Ying Shao of the Han Dynasty, when we went to fortify and prison a long time ago, was this division of labor at least light physical labor and heavy physical labor? A voyage to govern the city "cut off the left side even though physical activity is limited, I have the sentence of cutting off the foot mentioned by Zhu Wen (if we speculate boldly, we may also cut off the toes, and the victim is still standing or even walking, but he can still bear heavy labor." It is unstable. )
The analysis of corporal punishment, it should be said, from the perspective of Japanese scholars, can better reveal its essence. Mr. Shiga Xiufu said: "In ancient China", corporal punishment was not regarded as a member of society. For them, it was exactly the same to be alive and unattended. This is the original intention of corporal punishment in exile. In other words, the goal pursued by execution and corporal punishment in exile is essentially the same axe and pain, and the pain of disability is the main purpose, not corporal punishment. The main significance of corporal punishment is that it is not only a physical injury, but also a waste of society and deprivation of life. "Let it become a criminal act of drudgery, and it may be difficult to survive among these people abandoned by society, so be careful to spend the rest of one's life. Later, I learned that these people have certain use value and gradually developed into a criminal system. Mr. Zi, he also put forward a very insightful point of view. The origin of early punishment in China is that from the social point of view, the correct way should be deportation, and the punishment of punishment, corporal punishment and exile should be understood in a unified way. [5]
Such a judgment that corporal punishment is a productive force seriously violates or intentionally expands the abolition of corporal punishment seems to be enough analysis. If the matter is concerned, it should be acknowledged that the intention of corporal punishment by Emperor Wen of the Han Dynasty, or the emperor himself, is a good way to change his behavior by offending people with kingly ways.
During the reign of Cao Cao, corporal punishment was considered to be resumed, but any government strongly opposed its complexity. His main points: First, times have changed, and today's ancient social conditions are out of date. The second is cruel corporal punishment, which is easily associated with Zhou Wang and Zhou Wang cutting off their legs. Why are these people afraid of cold water and dare to wade in the morning? The world therefore evaluates the king. The corporal punishment of cutting off feet is also "Fu Jiumu, 000-800- June, Shichang 1800." How can Zhou achieve world peace? " Historically, accepting corporal punishment "is considering not studying, aiming to die, and the class is getting worse and worse, so don't reset." Some people, such as Zhao Gaoqing and others, are often "the scourge of the world." Paying attention to the use of corporal punishment does not stop people from doing bad things. Some are good at corporal punishment. "Loyalty is like boxing, faithfulness is like bian, wisdom is like Sun Bin, injustice is like a primary school, and history is touched. Gong Zizhen, a great scholar, suffers from a knife saw and is not despised by the world." Although they admire and sigh, as a punishment, I can never lose the opportunity because of my low status and ordinary people, and forge ahead. Turn over a new leaf, this is also. "In addition to corporal punishment, the big fellow is also conducive to the punished people not to lose hope for the future. The purpose of punishment is to let them return to society, not to let them fall. Jung's words amounted to a powerful and detailed argument before Emperor Wen abolished corporal punishment. The example he gave is not appropriate, but the central argument is that corporal punishment is cruel. Corporal punishment can't stop evil evil, but sometimes it hurts a good person. Corporal punishment cut off Gai's hope of persuasion, so his opinions were heard and his punishment remained unchanged. (See Research on Golden Calligraphy)
Jung's argument, I think the most important thing is what he called "a painful saw and knife, which did not despise the world". There is nothing but corporal punishment and the transformation of evil. Mr. AIDS, he clearly pointed out: "The focus of the emperor's reform is to turn over a new page. Corporal punishment will never change It has been abolished, and the life of hard labor has opened the way to reform. The same measures may be necessary. " [6]
I totally agree with Mr. He Zi's views and opinions. On the basis of these basic views and opinions, I want to make a further inference: perhaps we can understand the actual consequences of corporal punishment in Qin and Han dynasties from the perspective of ordinary society. In other words, Mr. Zi, he analyzed the original meaning and function of fine, the origin and destination of fine; In addition, according to the specific research, the corporal punishment in Qin and Han dynasties will have a direct and indirect and obvious impact on the victims, as well as the consequences caused by corporal punishment and its abolition.
The Qing Ming Qin Opera in Hong Kong classifies the punishment of insulting crime and puts it outside for corporal punishment inspection in the face of criminal insult. In the Han dynasty, corporal punishment was regarded as a symbol, but at the same time, it was also an insult. [7] This seems to have no view of the ancients. Frankly speaking, I don't agree with the naming of the crime of insult, but on the other hand, I also admit that the nature of corporal punishment or even corporal punishment will bring "shame". But the "shame" and "insult" I mentioned here are essentially different.
Corporal, as a well-known person, often talks about, first, physical disability can never be restored to its original state. The punishment in Qin and Han dynasties, in terms of the meaning of imprisonment, is a series of consequences for the victims. In addition to slaves, they are also generally punished by hard labor. However, more importantly, scholars who are often neglected in our country today are punished by corporal punishment, which is also said to be a normal loss of identity. It is in this sense that we can say that its corporal punishment is an insult, because it is also because the external identity punishment of physical disability has had an impact on him, as Jung said: "No world is contemptible, or more specifically, as Mr. AIDS said, because of his identity, refusing inferior quality can only be said that hard work is regarded as unclean and ominous. I also think that it can be said that it is the consequence of corporal punishment, and it should also include: 1, which has a considerable impact on future generations with personal status. Once the common people are subjected to corporal punishment, it is an insult to their ancestors and a harm to their children and grandchildren. Even if they are released, a considerable part of their personal freedom and rights will be lost forever. According to the recently unearthed corporal punishment in Han Dynasty, Qin Dynasty and early Han Dynasty, the single family he owned before was immediately destroyed.
Zhang Jiashan's Han bamboo slips "Play the Oracle Case 17" have their own musicians' marks in light blue. After closing time, it was decided that his family, his wife and other family members were conspiring to steal cattle, and his descendants were confiscated and sold as slaves. His family property was confiscated, which showed that not only did he prohibit corporal punishment and forced labor imprisonment, but his home was life insurance and although he later regained his reputation, he was highly tattooed. The unchangeable fact is that the original lenient sentence can not restore the original identity (civilians) and can only do rough work. [8]
& gt
Emperor Wen canceled the declaration of descendants and took the precepts in the first year. Then he liked to say that this type of people would not be punished by confiscating extra relatives and family property. But this is the only innocent family that will never sit still. I was punished by the criminal. Even if released, I'm afraid I can only become a hidden official. As a hidden official, my freedom seems extremely limited. He can't choose freely and can't appear in front of people, especially in restricted actions. So he may not be a slave, and slaves may not be forbidden to appear in front of people and go to some public places. Pang Juan's cruel move may be that he doesn't want to use "look". This time, it is to limit corporal punishment. Not only did he lose his enterprising Sun Bin, but he never appeared in public.
To make matters worse, accepting the relevant corporal punishment is at a disadvantage as a lifelong identity. As mentioned above, the solution of the hermit is to marry the person named by Li Ming, and his wife, if we can confirm that "scribe" refers to slaves, then the social status of the hermit will be reduced to the same category, and marriage will happen. Even smuggling the emissary of Qi, striving for perfection, Sun Bin, King Qi and Qi Huangong all intended to appoint him to lead the army to battle, but he had to politely refuse, because he said, "I can't commit a crime. As for "why not", there is nothing in the history books. It is estimated that the description of criminals' social status in other documents is because they don't like ordinary people standing in front of the crowd, let alone all the people giving orders. After quoting his Zuo Zhuan, Mr. AIDS wrote this: Qi
amongst
Lu, Zhan, Zang Jian and Lu were injured and captured together. Su Qiling sent eunuch Sha Weihu to visit Zang Jian and told him not to commit suicide in shame. Zang Jian sideways expressed his gratitude, because Qi Ling's dissatisfaction made the criminals "stunned to death". Qi Ling may be of noble birth, but he inadvertently sent a trusted eunuch to castrate the messenger. Zang Jian's result was that he paid attention to aristocratic demeanor and didn't capture him, but the punishment actually sent to Qi Jun was even more unbearable than theirs. He chose to commit suicide. From this example, we can easily guess that what General Sun Bin said was not only the superficial explanation disadvantage (because these may not come from the son of heaven or the king of Qi will not consider this appointment), but the most practical results of battlefield orders, such as war, are closely related. Imagine, if someone is ashamed to accept orders such as punishment, and Sun Bin is in the army, he would rather not accept Sun Bin's command, then how can we fight? In short, "it is not a crime despised by the world, like a mountain on the head, so their boss is shorter than ordinary people and subject to many restrictions, which can be changed under almost any circumstances." It is not only oneself that is dismembered, but also the influence on future generations.
"Nineteen Years of Zuo Zhuan and Zhuang Gong" records: "I used boxing to remonstrate early, but from the point of view of pro-soldiers and fear, boxing:" I am worried about soldiers, and I am too drunk to speak. After that, I also couldn't sleep well. Chu Da's http thought, "My uncle is in his palm." It turns out that, before remonstrating, I was earnest. Gu refused to listen, and if there was any way, he threatened to use weapons to force Gu to do what he asked. Gu obeyed his fear, punched his monarch, committed a great crime, and then punished himself and cut off his own feet. Punishment often makes gatekeepers, so he is the number one gatekeeper. Porters usually play Crime Games. Obviously, this is not a good job, but it is a very humble occupation. However, his descendants became the leader of this profession, saying that this was because he was punished by corporal punishment.
Another example. Meng Tian Biography Zhao Gao said: "The number of Zhao Kun brothers alienated by Zhao and Zhu in Zhao Gao is a natural hidden palace (the word" hidden palace "is considered by some scholars as" hidden official, which I think makes sense ",and their mother is dead and young," not only because "Wen Gao Qiang, the method of passing through prison is equal to martial arts." In fact, the descendants of Zhao Gao who accept corporal punishment are not exempt from being put into the weak brigade. Even if they later ascended the throne of the emperor, they also got the reuse of Zhao Gao, and discussed with Zhao Gao how to solve the problems of ministers' disobedience and officials' contention with us. Zhao Gao is inevitably involved in his own identity. Zhao Gao replied: Minister Guzhou didn't dare to think about it. The minister of Emperor Xian of Han Dynasty is a plot with a precious life span in the world. It is said that it has been in the credit industry for a long time. Your Majesty is lucky enough to hold this gold mini-building, so he is responsible for this problem. " (See "Historical Records") Zhao Gao's doctor suggested that it was already a high official position at that time, but this golden building still shows that he is a descendant of punishment, and this unknown identity can never be deleted.
Corporal punishment with lifelong identity cannot eliminate the influence on future generations. It should be said that the long-term injury is the heaviest. Suffering is only temporary, because relying on the body or even being sentenced to hard labor is not the reason why the disability is not over, and sometimes it is deformed or inconvenient to move. Sadness is greater than heart. It is hopeless for a humble person to accept only corporal punishment. People will never lose the key to analyzing the significance of confession and the good opportunity to abolish corporal punishment. The greatest significance of that sentence, which seems not to ignore the main points, is to open the road to reform, let sinners return to society, and let themselves and future generations not be discriminated against for a long time. According to the criminal law of the Han dynasty, Di Ying said that corporal punishment "was a change of heart, although he wanted to cry, so that today's researchers would not realize the significance of abolishing corporal punishment through these small touches, rather than from the perspective of expanding the object to exploit the economy?
The abolition of corporal punishment by the Western Han Emperor is a famous reform measure in history, which attracts people's attention. The evaluation of predecessors and present people, as well as the history of Chinese legal system, hold a positive attitude towards the various evaluations of the emperor's reform of criminal procedure system. Writers and scholars are exactly the same in this respect. It is suggested to reevaluate, but considering the lack of literature, some problems have not been properly explained; Some people also need to evaluate the evaluation itself; Some scholars admire their insight, but they feel like in-depth analysis and supplement. However, it is inevitable to make mistakes in novelty, and in-depth analysis cannot guarantee the correctness of this article, but I want to provide an idea and play a role in attracting jade.
Stop assuming to become
Shen Jiaben quoted the complicated thoughts and viewpoints of corporal punishment involved in the Criminal Law of the Northern Dynasties in his "Examination Five of Ancient Criminal Law", some of which are in the last column:
The corporal punishment of Emperor Wen of the Han Dynasty, the benevolent government throughout the ages, and the prohibition of it is not the first discussion-... The construction of the cover was never prohibited, because the interests of the fuel were still unknown, and the Eastern Jin Dynasty and the Legalists had the last argument. As a result, the reform of Zhang Cang law only abandoned the right to the city, from birth to death, which was considered artificial at that time. One day, the tenor will pass the ball not because he has a special right to speak. Commentators know that all corporal punishment methods also satisfy endless arguments. How to repair them? [ 1]
Shen Jiaben, that makes sense. Prose, pursuing the emperor's reform with some imagination, may have to face the reality, and the tenor method may not be found from that day.
The second corporal punishment, as recorded in the Question and Answer of Law, Qin Jue can see in the aggravated explanation that in the case of a crime, the maximum sentence is only reduced to the last paragraph:
What is "aggravating"? Five thieves, the stolen goods are one penny more, and the left is cut to stop the Qing dynasty; I didn't get more than 660 yuan from the five thieves, so I thought it was Chengdan; The rest of the money from 660 to 220, clear and white, no less than 220 points of income, moved. [2]
It can be guessed from the Qin law that if the maximum penalty for theft goes from left to right, the common crime of stealing stolen goods in Qin will not be sentenced; Another possibility is that, on the contrary, if the theft is not aggravated, the maximum penalty may be a certain amount of stolen goods, and then as a crime, the maximum penalty for theft can only be added to only one piece, and then it is not aggravated and directly entered. Regardless of the facts, you can make the following guesses first:
A. cut it off from the end that is heavily used.
It is difficult to understand the emperor's reform. Later, the ghost town was cut right. Considering whether the emperor is a mediocre master, it is impossible to criticize him, let alone punish him. If there is no good reason, he may be influenced by future generations. Zhang Cang, the prime minister, and a group of experienced courtiers agreed to the reform plan put forward on this issue. If there is no reason to cut and just change abandoned cities, everyone will participate in the proposed law, and there will be differences. What's more, if we don't make corresponding analysis and explanation, Emperor Wendi of China will be very sad about the last hurdle. But it is obviously against what is reasonable, and the emperor actually has no opinion, but the "system theory" has not stifled approval, so our analysis should do so.