Chapter 19: Abolition of corporal punishment
At the beginning of the Han Dynasty, there were three main types of corporal punishments: 黥 (piercing the face with ink), 劓 (cutting off the nose), and chopping (cutting off the feet). Corporal punishment began in the Xia, Shang, and Zhou dynasties, and was popular in the Qin Dynasty and has continued ever since. This kind of punishment cuts off people's limbs, destroys bodily functions, and is brutal and cruel.
In May 167 BC, Emperor Liu Heng suddenly issued an edict abolishing corporal punishment. The edict said: 'A gentleman is the father and mother of the people'. When a person commits a mistake and is not civilized, he is punished with corporal punishment, and even if he repents and reforms, he will remain crippled for the rest of his life. For example, if a foot is broken, it will not be able to grow a new one. This is not the intention of the parents to educate the people. Thereafter, corporal punishment was abolished and replaced by other punishments.
Unexpectedly, it was a fifteen-year-old girl who prompted Liu Heng to abolish corporal punishment.
The girl's name is Chun Yu Tiying.
Her story is detailed in the Hanshu Criminal Law Chronicles. Ti Ying's father, Chun Yuyi, committed a crime and was sentenced to corporal punishment. Because Chun Yuyi served as the Taicang Order of Qi State and was an official, he was sent to Chang'an to be punished. Chun Yuyi gave birth to five daughters and no sons. When he left home, he looked at his five daughters who were crying, and he was sad and scolded: "It's a pity that I only gave birth to daughters and not sons, and none of them can help in case of emergency!" ”
The father said such sad words, and the daughters were even more sad. At this time, Chun Yuyi's youngest daughter, Ti Ying, stepped forward and asked to go to Chang'an with her father. The escort was troublesome and refused to take her. Ti Ying was able to follow her father on the road.
When he arrived in Chang'an, Ti Ying asked someone to write a chapter on his behalf, boldly wrote to the emperor, and stated his grievances: My father used to be a small official in Qi and had a good reputation for being honest, but now he accidentally committed a crime and deserves to be punished according to the law. I feel sorry not only for my father, but also for all those who have been tortured. When a man's foot is cut off, he becomes a cripple; If the nose is cut off, it can no longer be fitted; Even if they wanted to, it would be impossible for them to turn over a new leaf. I am willing to be an official and a maidservant to atone for my father's sins, so that he can have a chance to reform himself.
Being an official and maid is very hard, working day and night, without the slightest personal freedom. Ti Ying's filial piety and courage deeply moved Liu Heng, and he instructed Prime Minister Zhang Cang, Imperial Historian Feng Jing and others to revise the criminal law. Zhang Cang and others also realized that the continued use of corporal punishment in the Qin Dynasty was not conducive to social stability, let alone the stability of the regime.
The monarchs and ministers unanimously agreed to abolish the three corporal punishments that were still retained. At the same time, the pardon was unwilling, and Ti Ying was not allowed to be an official maid. The girl Ti Ying bravely saved her father, providing an opportunity for the emperor to abolish corporal punishment, and her bravery and fearlessness were widely praised, "A hundred men are not as good as a Ti Ying"!
In the same year, the newly revised criminal law was promulgated to the world. The new criminal law stipulates that the sentence of death shall be changed to cutting off the hair, binding the neck with iron tongs, and serving a four-year sentence; the sentence was changed to 300 bamboo boards; Chop the left foot and beat 500 bamboo boards instead; Anyone who commits the crime of beheading off his right foot, murder and surrender, corrupting the law for bribes, stealing from a prisoner, etc., and commits the crime of flogging after the sentence is convicted, shall be sentenced to death.
Since then, the social atmosphere has changed, and the folk customs have become more and more simple. Liu Heng became the first emperor to abolish corporal punishment. The change of the penal system from the five punishments of slavery to the five punishments of feudalism is a major historical progress.
However, there are loopholes in the enforcement of criminal penalties. 300 boards, 500 boards, some people were directly killed, nominally to reduce the punishment, and as a result, more people were killed.
It was not until the crown prince Liu Qi ascended the throne and perfected the reform of the penal system that he issued two edicts to greatly reduce the number of boards, from 500 to 200 and from 300 to 100. Formulate the specifications of the torture instrument - the bamboo board, which should be five feet long, one inch wide, and half an inch thick, and the board should be smooth. The execution process was also standardized, and the beating of the prisoner's back was changed to a spanking, and the executor was not allowed to change it in the middle of the execution.
Love the people and virtue, Liu Heng's virtue policy not only abolished corporal punishment, but also reduced taxes.