The capital of Bodhi Prefecture was silent.

Chen Kaishan was very unwilling, he said angrily: "I have checked the background of the little girl on the left bank of Fu, there is only one old father in Jindan Realm, how can there be any brother? ”

His dantian has been abolished, and now it is a waste.

Chen Kaishan couldn't figure it out, he felt that he had done everything that was foolproof, and there could be no failure. But I didn't expect it, but it still failed. This person from the Purple Mansion Realm doesn't know where he came from.

Xie Baoshu didn't care so much, picked up Chen Kaishan, and asked, "Where is Chen Shifeng, hand him over." ”

The woman shouted, "You have abolished my master's cultivation, what else is going on?"

Xie Baoshu slapped her in the face: "You shut up for me." ”

The woman is used to being spicy on weekdays, but now that she is beaten, how can she shut up, she shouted: "In your eyes, is there any Tang Lu?"

Xie Baoshu smiled: "Now tell me about Tang Law?"

Although the law of the Tang Dynasty is not so perfect, it also has a complete system, and there will be a certain punishment after committing a crime, whether it is the Great Sui or the Tang Dynasty, killing someone is a very serious punishment, of course, it is different, because if some officials cover the sky with one hand, the people will have nowhere to complain, or they will directly take the money and send it away.

In the first pre-Qin period, the legal system itself was not perfect, the nations were at war, the powerful ministers were overturned, vendettas and political assassinations between individuals and families were very frequent, and even ordinary murders were difficult to punish. After the unification of Qin Shi Huang, the Qin law was severe, but the Qin Dynasty soon collapsed.

The first truly long-term unified central dynasty was the Han Dynasty. The Han Dynasty emphasized filial piety, and filial piety even became an important factor in the selection of political talents. For example, at that time, the local grassroots officials "filial piety" were selected by filial piety or not, and Cao Cao took this position.

And this filial Cao Cao is indeed very filial, in order to avenge his father Cao Song, he slaughtered hundreds of thousands of people in Xuzhou, and later killed Kong Rong who made pears with the crime of "unfilial piety".

It is said that the Han Dynasty emphasized filial piety, so that children avenged their fathers, and even became a Taoist obligation. As a result, officials tend to maintain an ideological sympathy for criminal cases caused by children taking revenge on their parents. This matter, during the period of Emperor Zhang of the Han Dynasty in the Eastern Han Dynasty, finally reached a peak.

It was in the early years of Emperor Zhang of the Han Dynasty that a case occurred. There was a son who killed his father because he had insulted him. This is, of course, a naked case of intentional homicide. Even according to the three chapters of the original covenant of Han Gaozu, it is a situation of "death for murderers".

However, Emperor Zhang of Han felt that this man was a filial son, so he forgave his sins. As the saying goes, the upside works down. The emperor likes filial piety, and opens up the net for filial piety, and other officials follow suit, forming a trend of "filial piety kills people and does not die".

By the time of Emperor Zhang of Han's son, Emperor Han He, this trend reached new heights. Dong Di, the sixth grandson of Dong Zhongshu, a great Confucian in the Western Han Dynasty, was a famous filial son. Dong Di's neighbor Wang Jize

He is an unfilial son. It is said that because of Dong An's filial piety, Wang Ji was even more unbearable, so Wang Ji held a grudge against Dong An's mother and son.

One day, Wang Ji took advantage of Dong Huang's absence at home, ran to Dong's house, and insulted Dong Huang's old mother, and even punched and kicked him. Dong's mother suffered this insult, was bedridden, and died soon after.

Dong Dian hated this matter to the bone and swore revenge. But he took into account that Wang Ji's old mother had a good relationship with his mother, so in order to prevent the old lady from suffering the pain of losing her child, he endured it for several years. A few years later, Wang Ji's mother also died, and Dong Dian killed Wang Ji after Mrs. Wang's funeral.

After that, Dong Di sacrificed his mother's ghost, and then went to the government to surrender. This matter came to the Han and Emperor He, and the Han and Emperor were the same as their father, Emperor Han Zhang, and rewarded their filial sons. So not only did he pardon his crimes, but he even wanted him to become an official.

Dong Dian refused the official position, but he was still rewarded by the emperor and lived in seclusion for life. Later, in order to commemorate this typical example of filial piety of mother and son, the small river in his seclusion was named "Cixi".

If you kill someone, not only will you not be punished, but you will also be able to become an official and receive a reward. Emperor Han He had such a position, and of course the officials under his command had to welcome him, so he formulated the so-called "light insult law", which officially established the legitimacy of filial revenge from the law.

During the Eastern Han Dynasty, there was a woman named Zhao E, this woman's father was killed by a person, she had three brothers at that time, originally this person was very afraid, people looked for him to take revenge, but the three men died, this person was very happy, he didn't expect Zhao E to be an unusual woman.

She will not let go of her father-killing enemy, this woman is also very ruthless, as a weak woman, or at that time, women's social status was very low, after more than ten years of waiting, she finally had the opportunity to avenge her father and kill this father-killing enemy.

After killing the enemy, she didn't run away, she also knew that it was wrong to kill someone, so she took the initiative to go to the yamen and surrendered, and later the county magistrate knew what was going on between them, and didn't want to convict Zhao E, hoping that she could run away and help him cover up, but Zhao E refused.

However, not long after she was imprisoned, she was released, because the court was also very positive about her behavior, and even gave her a gift, which was a plaque, to reward her filial piety.

These stories all tell Xie Baoshu that today's Tang Law, no matter how perfect it is, will be exploited by others.

The state lord of Bodhi Prefecture, the Golden Light Divine Monk, he is here to cover the sky with one hand, and it is not simple to forgive a person's capital crime?

Datang has made extraordinary achievements in politics, economy, society, and culture, including Tang Law, the Chinese Legal System, and the Jade Road. Moreover, Tang Law escorts jadeite, and it is a representative work of the Tang Dynasty legal system. The Silk Road was the link between Tang law and the Chinese legal system, so that Tang law could be accepted and transplanted by neighboring countries in North Korea, and eventually formed the Tang legal system.

Tang Law is the first complete and systematic legal code today, and it is also the main legal code of the Tang Dynasty, with a total of 12 articles and 500 articles. Among them, the first article is the general provisions, which stipulate the criminal law

's guiding ideology, principles and penal system,

The other eleven articles are sub-rules that stipulate the various crimes that need to be combated, and the law consists of charges and statutory penalties. In the legal codes of the past dynasties, because its structure and content are very perfect, there is a saying that "Tang law is the best".

The Emerald Road originated in the Han Dynasty at the latest, and the Tang Dynasty made great progress, not only expanding the Emerald Road on land, but also opening up the Emerald Road on the sea. Tang Law ensures the smooth flow of the Jade Road by cracking down on crimes that harm people, property, and transactions.

In cracking down on crimes that harm the person, Tang Law stipulates that crimes of homicide and wounding must be punished separately according to the consequences of the crime. Those who attempt to murder others are to be sentenced to "three years' imprisonment," and those who commit murder are sentenced to beheading. The same is true for the crime of wounding. Those who knock out one of the victim's teeth will be sentenced to "one year's imprisonment", and those who have two teeth will be "imprisoned for one and a half years".

In order to crack down on crimes that damage property, the Tang Law clearly stipulates that anyone who obtains other people's property by violence or the threat of violence will be sentenced to "two years' imprisonment" even if he attempts to do so, and the heaviest punishment for the completed punishment is beheading. Transportation is a key property protected by Tang Law, and if one of other people's horses is killed, the offender will be "imprisoned for one and a half years".

These things are clearly stipulated in the Tang Law.

Tang Lu also attaches great importance to the protection of transaction security. For example, if the debtor fails to perform the contract, it will be considered a criminal act, and the heaviest punishment is "60 rods"

In terms of guiding ideology, Tang Law emphasizes the simultaneous use of etiquette and law, and focuses on etiquette. In Tang Lu's own words: "Virtue and etiquette are the foundation of politics and religion, and punishment is for politics and religion. "Advocating that the governance of the country should be based on education and supplemented by the legal system is precisely the concentrated embodiment of the idea of rule by virtue.

In terms of legal content, Tang Law emphasized the maintenance of the hierarchical privilege system. It uses the provisions of criminal law to regulate the system of hierarchical privileges, especially the protection of monarchy, patriarchy and husbandry. From this, a special social order was formed.

In terms of justice, Tang Law has made every effort to maintain the system of integration of the judiciary and the administration. The Emperor held the highest judicial power, combining legislative, executive, and judicial powers, and the Chief Executive was also the Chief Executive.

The various channels opened up by the Han Dynasty and the Han Dynasty to introduce rituals into the law have created favorable conditions for the combination of rituals and rituals and laws. From the Wei and Jin dynasties to the Tang Dynasty, along this route, the historic combination of rituals and laws was finally completed. Tang Law has become a grand spectacle in terms of structure, content, and commentary. The combination of rites and law has also matured and stereotyped, and it can be said that a complete set of rites that embody the patriarchal hierarchical ideology and system have basically been legalized.

So much so that "one quasi-courtesy" has become an evaluation of Tang Law. Through Tang Law, we can discover the internal connection between ritual and law, experience how ritual dissolves into law, and confirm that ritual is the soul of Tang law, and Tang law is the legal expression of etiquette, and the two are complementary and inseparable.

For example, the ritual of Gangchang is the most basic content of Tang Law. The reason why the ten heinous sins are "unforgivable by ordinary forgiveness" is that its behavior violates the principle that the king is the minister, the father is the son, and the husband is the wife. The formulation of the Tang law began from the Wude Dynasty, and went through the Zhenguan, Yonghui, and Kaiyuan dynasties, and finally took shape. In this process, there are many ways to change the law with etiquette

For example, the "Law of Thieves and Thieves" before Zhenguan stipulates that "the father, son, and brother of the rebel shall be executed, and the ancestors and grandchildren shall not be deserved." When Zhenguan cultivated the law, it was changed to "The father and son of the rebel are hanged, and the grandchildren and brothers are all worthless." ”

This change is mainly based on the blood relationship of the grandparents and grandchildren, and the scope of the execution is adjusted. According to the "Book of Rites and Sacrifices", "Sun is the corpse of the king's father", the ancestor can be listed by the grandson, which shows that the relationship between the ancestor and the grandson is more important than the relationship between the brothers. Therefore, when Zhenguan practiced the law, Fang Xuanling made the above changes according to the ceremony.

For another example, the household marriage law stipulates that "the same surname shall not be married", which only prohibits the marriage of the same surname and foreign marriages from being subordinate to respect and inferiority, and there is no provision on whether the marriage without obedience is a marriage of respect and inferiority. When Yonghui revised the law, he added that "the aunts and aunts of the parents, the aunts and sisters, the aunts of the mothers, the aunts of the mothers, the aunts of their own cousins and their concubines, nieces and sons-in-law and sisters-in-law are not allowed to marry." Whoever violates it shall have a hundred rods, and shall depart from it. ”

According to etiquette, cousins, aunts, etc. are fathers and mothers, and have the status of dignity and humility, if they are allowed to marry, is it not to defile the famous religion and disdain human morality, so it is forbidden according to etiquette. Wei Zheng once pointed out: "Etiquette and righteousness are the guidelines...... Punishment is helped. "Since the Ming punishment is for the purpose of aiding the ceremony, the formulation and revision of the Tang law must naturally be guided by the ceremony.

This is the main focus of people's evaluation of Tang Law after the Tang Dynasty. This can be confirmed from the provisions of the Tang Law and trial practice. Taking brawls as an example, generally "those who fight are flogged forty".

But "all the brothers and sisters who beat him and his brothers and sisters, a hundred rods." Small merit and big merit are added one level each. and one of the others. Whoever beats his brothers and sisters shall be imprisoned for two and a half years. Uncles, parents, aunts, and maternal grandparents, plus one class each. Those who beat their grandparents and parents shall be beheaded". Because of the difference between relatives and the orderliness of the elders and the young, different punishments are imposed on the basis of kinship and respect, which is required by the rites.

From trial practice, we can also find cases of breaking prison with courtesy and abandoning the law and following courtesy.

For example, during the Changqing period, a certain aunt whipped her daughter-in-law to death, Jingzhao Mansion broke off to pay for her death, and Liu Gongyu, the secretary of the Criminal Department, changed the sentence with courtesy. "Shufu Yuangui" recorded his incident as follows: "Liu Gongxuan, Changqingzhong is the secretary of the criminal department, Jingzhao Mansion has an aunt who whips his wife to death with a small whip, and the house is in prison, and Langzhong Dou is cut off to pay for death, and the public is called: 'Respect and humbleness, not fighting, and his son is there, and killing his mother with his wife, not teaching. 'It was from the public's opinion. ”

Speaking of Tang Law, Xie Baoshu also understands it very well, when he was in Chang'an City, following Old Man Pei, he was familiar with a lot of Tang Law.

The Tang Dynasty law was a summary of the gains and losses of the previous dynasty by the Tang Dynasty monarchs and ministers, based on the serious consequences of the abandonment of the charter at the end of the Sui Dynasty and the criminal law that led to the unbearable life of people and their deaths, so special attention was paid to legislation.

At this point, the emperors of the early Tang Dynasty put forward the legislative idea of "the law should be simple", and Taizong clearly pointed out: the matter must be drawn one, and the law and text must not be exchanged with each other, causing the traitors to go up and down, and introduce light articles and heavy paragraphs, so it is necessary to "order the examination in detail, not to make intertextuality".

The simple explanation of the discrepancy here is that the person who is out means that he is not convicted of a crime or a misdemeanor, and if he is a person who is sentenced to a felony. As for maintaining stability, it is also to prevent the exchange of laws and texts, because the number of laws and regulations is complicated, and the inconsistencies are violated, and the officials invoke the previous and subsequent laws when convicting

The judgment is different, and some officials are still citing the former law even when the new law is promulgated, and even if the latter law is cited, the rules are mutually reinforcing.

The emperors of the early Tang Dynasty felt that at the end of the Sui Dynasty, they disregarded human lives and provoked popular uprisings. After the establishment of the Tang Dynasty, Taizong pointed out that "the dead cannot be resurrected, and the law is used to be lenient". During the Zhenguan period, the eldest grandson Wuji and others thought that the Sui law was a heavy punishment, and the fifty articles of the hanging were all exempted from death and the right toe was cut off, and Taizong thought that the severed limbs were painful, and the finger cutting method was removed

By the way, the Tang Dynasty changed the three pleas of lynching in the Sui Dynasty to five recitals, and at the same time warned the officials to judge the severity of the sentence when sentencing, and not to punish them all, even if the death penalty is carried out, it must be discussed by the Chinese book, the fourth grade or more under the door, and the Shangshu Jiuqing.

In Chang'an City of the Tang Dynasty, the Dali Temple, the Criminal Department and the Imperial History Observatory form the highest judicial organ of the central government, which is called the "Three Divisions". The specific operation process is that Dali Temple is the highest judicial organ, hearing cases of crimes committed by 100 central officials and cases of imprisonment or above by Beijing masters, as well as doubtful death penalty cases transferred by local governments.

The Criminal Department is the central judicial-administrative organ, and its main responsibility is to review the cases adjudicated by Dali Temple and lower-level prefectures and counties, and if it is found to be suspicious, it will be returned to the original organ for retrial. The Imperial Historical Observatory is the highest supervisory organ of the central government, unless it is a top-level case, involved in rebellion or an important official, it generally does not participate in the trial of cases, and is only responsible for supervising the judicial activities of Dali Temple and the Criminal Department.

However, all cases sentenced to death are not remanded to the original organ for retrial, but directly remanded to Dali Temple, which represents the highest judicial organ, for retrial. In other words, Zhang Xiaojing was sentenced to death, and the death penalty was only established if both Dali Temple and the Criminal Department convicted of this crime. In "The Twelve Hours of Chang'an", although this is just this simple line, it already reflects the homework done by the screenwriter.

In the pre-Qin period, the death penalty was called "Dapi", but it was not as simple as a knife. According to Wang Jian's "Interpretation of the Name of the Criminal Book" in the Song Dynasty, there were a total of 7 types of death sentences in the Zhou Dynasty. According to statistics, in the Qin Dynasty, there were as many as 20 methods of execution.

This is because, in order to maintain their authority, the purpose of the death penalty is more for the purpose of deterrence, in addition to sentencing. After the Han Dynasty, Confucianism became the foundation of the country, and the execution methods were greatly reduced, with three main types: "beheading, beheading, and abandoning the market". After the Northern Wei Dynasty, unless it was a major crime of rebellion, there were generally only two kinds of execution: beheading and hanging.

Xie Baoshu brought Tang Lu together just to tell these people.

"Pay off your debts, pay for your life. If Chen Shifeng of your family kills someone, he deserves to die, and he was sentenced to 20 years, what is the matter? Do you think I don't know, the Chen family has a great cause, and they colluded with the state lord to pardon him. ”

As soon as these words came out, the face of the Lord of Jinguang changed dramatically. He pointed at Xie Baoshu and scolded: "Don't spew blood, I'm a monk, how can I be bought?"

Xie Baoshu glanced at Yang Shangui.

Yang Shan's ghost raised his sword and fell, and cut down the hand that the Golden Light Divine Monk pointed at Xie Baoshu.

The Golden Light Divine Monk screamed in pain.

Xie Baoshu said: "Look at your appearance of drinking wine and eating meat

When I'm done, I'm going to take you to the Dragon Monastery to meet the four monks. I also want to ask him, how did you become the governor of Bodhi Prefecture like this? ”

The woman on the side was finally scared in her heart: "This son, you will raise your noble hand and let us go." ”

Xie Baoshu smiled slightly: "I let you go, your son, why didn't you let go of a weak woman at that time?"

This sentence made everyone present silent. Even the woman, who had always been the most ferocious and shouted the loudest, was silent. Chen Shifeng, who shot at a weak woman, really made everyone unhappy.

But except for Xie Baoshu, no one dared to come out to resist.

It's not that they don't dare, they just don't have the ability.

(End of chapter)