Zhang Jiashi chose a method similar to that of the Song Dynasty that could be purged as a change. Pen "Fun" Pavilion www.biquge.info

However, without the corresponding supporting "response", it is impossible for this kind of change to appear what Zhang Jiashi himself expected, that is, to make the vast majority of prisoners of minor crimes able to quickly rehabilitate themselves.

Because if there is no sufficient deterrence, then it is very likely that this changed punishment will become nothing more than a slightly more deterrent punishment.

If you want to change the punishment method of the criminal law, you need to do more comprehensive thinking and coping methods, otherwise, although Ti Ying's deeds of saving her father are beautiful, how can anyone think that changing the corporal punishment to flogging is more of an overkill.

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And the reflection of this kind of deeds is also described in the later "Hanshu Criminal Law Chronicles":

The Hanshu Criminal Law Chronicles is not a complete record of the changes in legal punishment in the Han Dynasty, but in a certain sense, the Hanshu Criminal Law Chronicles supplement the history of the changes in the law in historical books, including the Historical Records.

It was only after a considerable amount of space that the Hanshu Criminal Law Chronicles officially introduced and described the changes in legal punishment during the Han Dynasty:

Han Xing, Gaozu first entered the customs, and the third chapter of the law said: "The murderer dies, the wounding and the theft are punished." "It's annoying, Zhao Minda said. After that, the four Yi were not attached, the military revolution was not stopped, and the law of the three chapters was not enough to resist the traitor, so the Xiangguo Xiao He took the Qin law, and took it to the right time, and made nine chapters of the law.

When filial piety and high queens, the people are newly free of poisonous oysters, and people want to grow up and support the elderly. Xiao and Cao are the phases, fill in the inaction, follow the desires of the people without disturbing them, breed with food and clothing, and use the punishment to be scarce.

and filial piety to the throne, bow to the Xuanmo, persuade the interest of agriculture, and reduce rent. And they will all be old heroes, less literature and more quality, punish the evil and fall of Qin's government, discuss affairs in leniency, and shame people's mistakes. Walk the world, and it is easy to admonish. The officials are in peace, the people are happy, the livestock are increasing, and the household registration is interested. Merry and generous, forbidden and sparse. The election of Zhang Shizhi as the court lieutenant, and the criminal suspects were given to the people, which was a large province with criminal punishment, and as for the 400 prison sentences, there was a wind of punishment and error.

In the thirteenth year of his reign, Qi Taicang ordered Chun to be punished for public crimes, and he was arrested in Chang'an. Chun Yu has no men, there are five women, when the guild arrests, scolding his daughters and saying: "Giving birth to a son does not give birth to a man, it is not beneficial to be in a hurry!"

His girl Ti Ying, self-hurt and weeping, followed her father to Chang'an, and said: "The concubine's father is a official, and all Qi Zhong calls him honest and flat, and he should be punished today." The concubine and the deceased cannot be resurrected, and the convict cannot be restored. The concubine is willing to be confiscated as an official maid to atone for her father's punishment and make herself reformed. The book played the Son of Heaven, and the Son of Heaven took pity on his intentions, so he ordered: "The Imperial History: When I heard that there was a Yu clan, I painted clothes and clothes in different chapters to kill, and the people committed crimes, how to cure them! Therefore, the husband's precept is impure and the foolish people are trapped, and the "poem" says: "Kaidi gentleman, the parents of the people." 'People have had a time when they have been punished before they have been punished, or they have wanted to change their deeds to be good, and the way is about to die, and I have great pity on them. The husband is punished until he is cut off, and his skin is carved, and he will never stop for life, how painful is the punishment but not virtue! Is it the will of the people's parents? The punishment of the flesh is easy, and the sinners are not allowed to flee and be spared in a few years. Gu is an order. ”

Prime Minister Zhang Cang and Imperial Doctor Feng Jing said: "Flesh punishment is forbidden for adultery, and the origin is long. Your Majesty issued an edict that one of the people who has been punished will not stop for life, and that the sinner wants to change his behavior and die in a good way, which is beyond the reach of Shengde and ministers. The ministers respectfully discuss the law and say: Those who are finished will be punished by the city, those who are the ones who are in the right place will be punished with the tongs of the city, those who are slashed will be punished with three hundred, those who should be cut off from the left will be punished with five hundred, those who should be cut off from the right should be killed, and those who kill people will be sued before they are sued, and those who sit and accept the law, and the property of the county officials and steal it, and those who have been punished for the crime of flogging will abandon the city. The prison for sinners has been decided, and the city is finished, and when he reaches the age of three, he will be a ghost salary and a white can. The ghost salary and white rice are one year old, and they are subordinate concubines. The subordinate concubine is one year old, so she is exempt from being a concubine. The concubine of the subordinate minister is two years old and is the secretary. The Si Kou is one year old, and the Si Kou is two years old, and they are exempt from being concubines. His fugitive and guilty are not subject to this order. The punishment of the previous order is not imprisonment, and the age of the city is avoided. Ministers are pleased. He said, "Yes." ”

Later, there was a light punishment on the outside, and a murder on the inside. Whoever cuts off the right side deserves to die. Those who cut off the left stop will be flogged 500, and those who are slashed will be flogged 300, and the rate will be more dead.

In the first year of Emperor Jing, he issued an edict saying: "Flogging is no different from a serious crime, fortunately not to die, not to be a person."

Its law: 500 is 300, 300 is 200. "The prison is not complete. In the sixth year of middle school, he issued an edict saying: "Those who add flogging may die and have not finished flogging, and I pity them very much." The reduction of the flogging is 300 to 200, and the flogging is 200 to 100. He also said: "The flogger, so he teaches it, and he will make an order." ”

Prime Minister Liu She and Imperial Historian Wei Juan invited: "The flogger, the basket is five feet long, its original is one inch larger, and its bamboo is also half an inch thin at the end, all of which are flat." When the flogging, the buttocks. There is no need to be more human, but one sin is more human. "Since he is the flogger, he is complete, but the cool officials still think it is powerful. The death penalty is not only severe, but the life penalty is light, and the people are prone to committing it.

When filial piety and martial piety ascended the throne, the merits of foreign affairs, the good of the ears and eyes in the interior, the number of troubles, the people were poor, the poor people broke the law, the cool officials broke the law, and the treacherous track was invincible. So he recruited Zhang Tang and Zhao Yu's subordinates, and made laws and regulations, as a law to see the reason and supervise the master, alleviate the crime of the deep cause, and punish the urgent outreach.

Later, the cunning and ingenious method changed the situation, and it was forbidden to soak in secret. There are three hundred and fifty-nine chapters of laws and decrees, four hundred and nine articles, one thousand eight hundred and eighty-two things, and three thousand four hundred and seventy-two things for capital crimes. The documents are abundant in several pavilions, and the scribe cannot read them all. It is refuted by the county and the state, or the same crime is different. The traitor is the city because of fate, and if he wants to live, he will be discussed, and if he wants to be trapped, he will be killed, and the speaker will be wronged.

Emperor Xuan is at ease in Lu Yan and knows that it is like this. And that is, the honorable position, the court history Lu Wen Shu sparse, said that Qin has ten losses, one of which still exists, and the officials who govern the prison are also.

The upper part was deeply stunned, but the edict said: "The usage of the intermediate, the clever text is deeply immersed, and it is my immorality." The husband was improperly imprisoned, so that the guilty were evil, and they were not killed, and the father and son were sad and hateful, and I was very hurt. Today, the court history and the county bow prison, Ren Qinglu is thin, which is the court ping, the rank of 600 stones, four people. Its affairs are peaceful, in order to be praised. ”

So he chose Dingguo as the court lieutenant, and asked Mingcha to forgive Huang Ba and others for Tingping, and asked for advice after Ji Qiu. When he was in the room, he was happy to live in the room, and he decided to do things, and the prison sentence number was flat. Zheng Changshang, the Taishou of Shizhuo County, said: "The holy king admonishes the ministers who are in contention, and he does not worship virtue and prevent the life of Yiyu; Today, the Lord bows down and listens clearly, although he does not ignore the court, the prison will be corrected, and if the heir is opened, it is better to delete the decree. The law is certain, the foolish people know what to avoid, and the traitors have nothing to do. If it is not corrected now, and Tingping is taken care of at the end, and the government is sluggish, Tingping will recruit power and become chaotic. "Emperor Xuan did not have time to amend.

At the beginning of the Yuan Dynasty, he issued an edict saying: "The husband who decrees, so suppress violence and help the weak, want it to be difficult to commit and easy to avoid." Today's law is annoying, and those who are self-canonical cannot distinguish clearly, and if they want Luo Yuanyuan not to be caught, what is the meaning of the punishment! ”

To Emperor Cheng Hepingzhong, the edict said: "Fu Punishment" cloud 'five punishments belong to three thousand, the punishment of the Great Pi is two hundred', now the punishment of the Great Pi has more than a thousand, the law, the order is annoying, there are more than 100,000 words, please compare it, the day is beneficial, the self-aware practitioner does not know the reason, want to know the people, is not also difficult! In the people of Luo Yuanyuan, the death of the innocent, is not sad! It and the middle 2,000 stones, 2,000 stones, doctors and Ming Xi law, the order to discuss the commutation of the death penalty and the removal of the province, so that it is easier to know, the rules. Isn't the book cloudy?' but the mercy of punishment!' It will be examined and examined by the ancient law, and I will read it with all my heart. ”

There is no division and no Zhongshan's father's material for the Ming Dynasty, and he cannot publicize the Lord's favor and establish a Ming system because of the time. For the law of a generation, and the hook is fine, and the hair lists a few things, just to plug the edict. It is a great discussion that does not stand, so it has been until now. The speaker may say, the law is difficult to change, this mediocre person is not reached, the suspicion is blocked, and the holy wisdom is often the patient. Therefore, since the Han Dynasty, the laws and regulations have been slightly set and are in line with the ancient and modern.

At the beginning of the Han Dynasty, although there were three chapters of the law, the net leaked and swallowed the fish. However, it is a big deal, and there is still an order of the three tribes. The order said: "When the three clans, they are all the first, slashed, cut left and right, flogged and killed, and their flesh and blood in the city." and he who slanders and curses, and first breaks off his tongue. Therefore, it is called the five punishments. Peng Yue and Han Xin's subordinates were all punished by this.

In the first year of the Supreme Reign, it was to remove the sins of the three tribes and the order of words.

In the second year of filial piety, he issued an edict to the prime minister, the captain, and the imperial history: "The law is the right rule, so it is forbidden to fight violence and defend good people."

Now the transgressor has been judged, and the innocent father, mother, wife, son, and fellow producer have been reaped. Proposals. Zhou Bo and Chen Ping, the prime ministers of the left and right, said: "Fathers, mothers, wives, sons, and the same property sit and receive each other, so they are tired of their hearts and make repeat offenders." The way to harvest has been around for a long time. The foolish plan of the minister thought it was as it was. Emperor Wen replied: "I heard it, the law is correct and the people are pity, and the crime should be obeyed." Moreover, if the husband and herdsman do the good way, the officials will also do the law, and if they fail to do the way and sin with the unrighteous law, the law will harm the people and be a violent person. When my husband sees what is convenient, he should be familiar with it. ”

Ping and Bo Nai said: "Your Majesty is fortunate to increase the benefits of the world, so that the guilty will not be accepted, and the innocent will not sit together, which is very virtuous, and the ministers are beyond the reach." The ministers are respectfully edicted, and the law of collecting and sitting together is eliminated. After that, Aragaki conspired against him and resumed the punishment of the three clans. In other words, customs change, human nature is similar but habits are far away, and it is believed that it is true. The husband is filial piety and benevolence, and he knows that he is still so far from the fallacy of punishment, and the situation is not so mediocre and drowning in the last stream?

"Zhou Guan" has five hearings, eight discussions, three stabs, three swords, and three amnesties. Five listening: one is to listen to words, two is to listen to color, three is to listen to qi, four is to listen to the ear, and five is to listen to the eye. Eight discussions: one is to discuss relatives, two is to discuss the reason, three is to discuss the virtuous, four is to discuss the ability, five is to discuss the merit, six is to discuss the noble, seven is to discuss the diligence, and the eighth is to discuss the guests. Three stabs: one is to inform the ministers, the second is to inform the officials, and the third is to inform the people. Three You: One is Enlightenment, the second is negligence, and the third is forgetfulness. Three amnesty: one is young and weak, the second is old, and the third is stupid. Whoever is imprisoned is "bound by the sin bf25, shackled by the middle shackles, and shackled by the sin; ”

In the seventh year of Emperor Gao, he made an edict to the imperial history: "Those who are suspected of prison may not dare to decide, those who are guilty will not be decided for a long time, and those who are not guilty will not be decided for a long time." From now on, the county officials and prison suspects will be reported to the 2,000 stone officials who belong to each of them, and the 2,000 stone officials will be reported for their crimes. Those who cannot be decided shall be transferred to the court captain, and the court lieutenant shall also report to them. The court lieutenant can't decide, be cautious and play, and Fu should compare the law and order to hear. ”

If the grace of God is like this, the officials still cannot proclaim it. Therefore, Xiaojingzhong issued an edict in the fifth year and said: "All prisons are suspicious, although the text is written in the law and the people are not tired of it, they will be ridiculed." Later, the jailer avoided the micro-text and gave rise to his foolishness.

In the first year after that, he issued an edict saying: "Prison, a serious matter." People are foolish, and officials are up and down. If a person suspected of being imprisoned is told that the person who has been ordered to confess and then it is inappropriate, the person who has been told will not be mistaken. ”

Since then, the prison sentence has become more detailed, and it is close to the meaning of five hearings and three you. After three years, the edict said: "The old and the old are respected by the people, and the widows and widows are not arrested, and the people are pitied." His order: over 80 years old, under 8 years old, and those who are pregnant without breastfeeding, teachers and Zhu Ru should bow to them. ”

In the fourth year of filial piety Xuanyuankang, he issued an edict saying: "I miss the old man, the teeth are depraved, the blood is declining, and there is no heart to rebel. From now on, it will not sit on the eighty years of false accusations or killings. ”

In the first year of Emperor Hongjia, he decreed: "Those who are under the age of seven, who are thieves and murderers, and who commit mortal deaths, ask the court lieutenant to hear about it, and their deaths will be reduced." "It is a matter of pardon for the young and the old. These are all laws and regulations that are slightly more ancient and convenient for the people.

Confucius said: "If there is a king, he will be benevolent after the world, and a good man will be a hundred years for the country, and he can be defeated and killed." "The holy king of Yan rose up from decline and decay, and was taught by the people with virtue, and changed into it, and then became benevolent; This is the program of the country.

Today's Han Road is prosperous, more than 200 years of history, from Zhao, Xuan, Yuan, Cheng, Mourning, Ping between the six generations, out of prison to death, with more than 1,000 people and one person, to endure the crime to the right, more than three times. The ancients said: "If the house is full of drinking, and there is a person in the corner of the country and weeps, then everyone is unhappy." "The king is in the world, and he is above the same hall, so one person can't be peaceful, and he is sad in his heart. There are more than 2,000 prisons in the world, and there are more than 2,000 unjust deaths, and the prisons are not reduced by one person.

If the original prison sentence is like this, the etiquette and religion are not established, the criminal law is not clear, the people are many poor, the heroes are selfish, the traitors are not successful, and the prison is not justified. "Book" cloud "Bo Yi descends to the code, **** only punishment", words and etiquette to stop the punishment, and the embankment is also anti-overflow.

Nowadays, the embankment is too late, and the ritual system has not been established; the death penalty is excessive, and the life punishment is easy to commit; hunger and cold are coming, and the poor are overflowing; the heroes are selfish, and they are greedy for it, and if they hide something, they will be ruthless and widespread: the reason why this punishment is also extensive. Confucius said: "Those who knew the law in ancient times were able to save punishment, and those who knew the law today are not guilty, and they are in the end." ”

He also said: "Those who listen to prison today will be killed, and those who listen to prison in ancient times will be killed." "Rather than kill innocent, it is better to lose guilty. Today's prison officials, driven from top to bottom, take the carving as the light, the deep one will gain fame, and the peaceful one will suffer more.

As the proverb goes, "Those who wear coffins want the plague of the year." "It is not an abomination of people who want to kill them, but the benefit of people who die. The Imabari jailer wants to frame people, and that's exactly what he does. All these five diseases, prison punishment is especially numerous.

Since the establishment of the military, Yongping, the people are also newly exempt from the scourge of the military revolution, people have the worry of happy life, and the same between Gao and Hui, and the government is suppressing the strong and helping the weak, and there is no minister of prestige and blessing, and there is no heroic hero in the city. In terms of oral rate, breaking out of prison is less than the tithes between success and mourning, which can be described as clear. However, those who failed to praise Bironn in the ancients were not completely eliminated with their diseases, and the punishment was not right.

Sun Qingzhi also talked about punishment, saying: "The worldly people who say that they think that those who govern the ancients have no physical punishment, and that they belong to elephant punishment and ink whales, and that the Philippines is not pure in ochre clothes, but it is otherwise." Thinking that the rule of the ancients means that people will not touch the evil spirits, and there will be no physical punishment, nor will they be punished. If you think that a person may have committed a crime, and the punishment is light, the murderer will not die, and the person who hurts will not be punished. The crime is the heaviest and the punishment is lighter, the people are fearless, and the chaos is great, and the basis of punishment will be to prohibit violence and evil, and punish it.

Those who kill do not die, and those who injure others do not be punished. Therefore, the elephant punishment was not born in the ancient times, and it started in the chaos of the present. All the lords are listed in official positions, and the rewards and punishments are all similar to those who follow each other. A thing is out of proportion, and the end of chaos is also. Virtue is not worthy of the position, can not be worthy of the official, reward is not meritorious, punishment is not appropriate, and it is ominous.

The husband is violent and disobedient, and the power of the rule is also. The death of the murderer and the punishment of the wounded are the same among the kings, and those who do not know their origin. Therefore, the punishment is severe, the punishment is light, the crime of punishment is serious, and the crime of disorder is light.

The "book" cloud "punishment is heavy in the world and light in the world", which is also said. "The so-called "like punishment is clear", words like heaven and punishment, and there is a person who has an ochre cloth?

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