Chapter 43 Criminal Law Chronicles

Perhaps this is also the case that the ancient literati thought that some things should also be recorded and explained when they were revising history, not only in the Jin Shu Criminal Law Chronicles, but also in many historical books

The Jin Dynasty, which inherited most of the legal systems of the Wei State, is also described in the Book of Jin and the Chronicles of Criminal Law:

Emperor Wei Wen was subjected to Zen and discussed corporal punishment. Pen Fun Pavilion wWw. biquge。 info The details are undecided, there will be military, and there will be a resumption of sleep. From time to time, there is the eldest daughter Liu Zhu, the wife of Laos is violent, and the three women before and after commit suicide. Emperor Wei Ming changed the order of the fine of the Shishu, and the man listened to the fine, and the woman was flogged and flogged from the example of the whip, so that his body was naked.

It was the old law of the Qin and Han dynasties, and its text originated from Li Kui, the marquis of Wei. He wrote the laws of various countries and wrote the Book of Laws. thought that the government of the king, don't be in a hurry with thieves, so its law began with "Thieves". Thieves must be impeached and arrested, so he wrote two articles of "Net Arrest". Its cunning, overstepping, playful, incorruptible, and extravagant exceedance are regarded as an article of "Miscellaneous Laws", and they are added or subtracted by "Laws". That's why it's just six articles, but they are all crimes. Shang Jun accepted it as a Qin dynasty. Han Cheng Qin system, Xiao He's law, in addition to the sin of participating in the Yi sitting, increasing the rules of the main view and knowledge, and the three articles of the law of benefiting things, "Xing", "Stable", and "Household", are combined into nine articles. Uncle and grandson Tongyi law firm is not as good as that, and there are eighteen chapters. Zhang Tang's "Yue Gong Law" twenty-seven chapters. Zhao Yu's "Dynasty Law" six articles. Sixty articles. In the Han Dynasty, the collection is more than 300 articles below the "Lingjia", and the marriage resignation lawsuit written by Situ Baogong is "Fabi Dumu", which is 906 volumes. There are increases and losses in the world, and the rate is collected as an article, and the conclusion is a chapter. There may be dozens of things in one chapter, although the things are the same, the severity is different. And the whole sentence is connected, and the top and bottom are blind, although they are generally different, the reality is adopted. "The Law of Thieves" has examples of thieves and injuries, "The Law of Thieves" has the text of stealing chapters, "Xing Law" has the law of going to prison, and "The Law of Stables" has arrests. The business of future generations is each a chapter and a sentence. Shusun Xuan, Guo Lingqing, Ma Rong, Zheng Xuan, and Zhu Confucianism have more than ten families and hundreds of thousands of words. Whoever is to be judged by the guilty is 26,272 articles, 7,732,200 words, and the number of words is more complicated, and it is more difficult for those who read it. The Son of Heaven then issued an edict, but with the Zheng family's chapters, it was not allowed to use the Yu family.

Wei Qi also said: "Those who commit criminal law are valued by the state, but those who discuss privately are despised and despised by private discussions; those who are imprisoned are suspended by the people, and those who choose them are despised." The disadvantages of the king's government may not be due to this. Dr. Lawyer, Ph.D., turn to professor. And so it went. However, the law is widely annoying, and there are many things, and the officials who are sentenced to prison, such as Fan Hong, the prison officer, are imprisoned in the second zhang of silk, and the prison officer Liu Xiang is subject to the partial examination of the prisoner Zhang Maowu, so he attaches the law to it. Although Hong and Xiang both abandoned the city, those who were reckless followed one after another. At that time, Taifu Zhongxuan begged for resumption, and ordered it to play, and Situ Wang Lang discussed it differently. There are more than 100 people who talk about it, and there are many people who are the same as Lang. The emperor took Wu Shu and slept again. Subsequently, the Son of Heaven issued an edict to change the penal system, ordering Sikong Chen Qun, Liu Shao, a regular attendant of the scattered cavalry, Han Xun, a servant of the Yellow Gate, Yu Wei, a member of the Lang Yu, Huang Xiu, Xun Xu, etc., to delete the old department, adopt the Han law, set it as the Wei law, and make eighteen articles of the "New Law", forty-five articles of the "State and County Order", "Shangshu Official Order" and "Military Order", a total of more than 180 articles. The preface reads:

The old law firm is difficult to know, because there are six articles and few articles. If there are few articles, there will be a shortage of articles, and if there is a shortage of articles, there will be few things, and if there are few things, there will be sin and leakage. It is that the number of people in the future increases slightly, and it is more detached from the ontology. Today's new law, it is advisable to have a general class, and there are many articles.

The old law was added by three because of Qin's "Book of Laws", and the "Gu Law" did not change, because it was in the sixth. The law of sin is neither beginning nor end, and it is not the meaning of the chapter. Therefore, the collection of crimes is thought to be the "Criminal Name", which is crowned with the law.

"The Law of Robbery" has robbery, terror, and sellers, and there are qualities, all of which are not thefts, so they are called "The Law of Robbery". "The Law of Thieves" has deception, fraud, over-sealing, and correction, "Prison Law" has fraud and life and death, and "Order C" has fraud and self-recovery, and there are many types of things, so it is divided into "Fraud Law". The "Law of Thieves" has the seal of thieves cutting down trees, killing and injuring people and animals, and the "Golden Cloth Law" has the destruction of casualties and loss of county officials' property, so it is divided into "Law of Destruction". The "Prison Law" has impeachment and repetition, the "Stable Law" has a complaint against arrest, and the section has heard the word, so it is divided into "The Law of Impeachment". "Prison Law" has the law of prison, prison, and prison breaking, and "Xing Law" has the matter of going to prison, and the subject has examination reports, so it is divided into "Department of Communication" and "Prison Breaking Law". "The Law of Theft" has the law of accepting money from the prison, the "Miscellaneous Law" has the pretense of not being honest, the "Order B" has people accepting money, and the department has messengers to check bribes, and the matter is similar, so it is divided into "The Law of Asking for Money". "The Law of Thieves" has insults and robbers, "Xing Law" has good servitude, "Gu Law" has betrayal, and Ke has good at repairing houses, so it is divided into "Xing Good Law". "Xing Law" has a lack of resignation, "Thief Law" has a lack of qualifications, "Stable Law" has a lack of military prosperity, and the old classics have edicts that are not prudent and do not accept the edict, the Han family implements a small scare is not as good as the order, and the impeachment is not to accept the edict and the lack of army is to be beheaded, and it is reduced to the "Ding You Edict", "Ding You Edict", the Chinese language, it is not appropriate to revert to the law, so don't do it for the "Stay Law". Qin Shi old stables, rides, deputy cars, food and kitchen, the early Han Dynasty inherited Qin did not change, after the Fei Guang slightly provincial, so the later Han but set up riding and no carriage and horse, then the law is still its text, it is fictitious, so in addition to the "stable law", take it can be used to combine the subject, for the "post order". It was arrested and tested, and it was not included in the "Law of Impeachment". The above said that things changed, thinking that the "Change Order" was urgent, and those who were in charge of the "Xing Law" and the Science Order thought that it was "The Law of Shocks". "The Law of Theft" has returned the stolen goods, "The Law of Golden Cloth" has the responsibility of penalization and redemption at the price of gold, and the section has mediocre stolen things, thinking that it is the "Law of Repaying Stolen Goods". The initial system of the law, there is no exemption from sitting in the text, Zhang Tang and Zhao Yu began to be the head of the supervision department, and they saw the example of knowing the reason. He does not impeach when he sees and knows, and he does not raise impeachment if he loses, and he does not redeem himself, and he does not know what he does not see, and he does not sit down. The subject is the system, each violates the department, unknowingly, from the sitting of the exemption, no longer distinction, and the exemption from sitting is numerous, it is advisable to always be exempt from the example, to the provincial science and culture, so it is more formulated to be the reason for the "free sitting law". There is a teaching system in the laws and decrees, and those who have no text in this article can take the law from here. Where thirteen articles are added, five articles are added, and eighteen articles are combined, nine articles are added to the law, and the provincial order is made in the side chapter.

Those who did not change the old laws of the Han Dynasty were removed from Wei, and they were divided into five punishments according to the ancient righteousness. There are three death sentences, four punishments, three for completion and three for execution, eleven for atonement, six fines, seven for miscellaneous crimes, and thirty-seven for each person. changed the "Law of Thieves" again, but with words and offenses to the temple and the mausoleum, it is said that it is a great rebellion, and it is necessary to behead, and the family members sit down, not as good as grandparents and grandchildren. As for plotting rebellion and rebellion, temporarily arresting them, or polluting, or slashing, and razing their three clans, it is not in the law, so it is strictly forbidden to do evil. The thief fought and killed, and died by impeachment, Xu Yiguyi, listen to the children to hunt him down. They will forgive and kill each other by mistake, and they will not take revenge, so they will stop killing. is killing his stepmother, with his own mother, and preventing the gap between stepmothers. Except for the family of different sons, so that father and son have no different wealth. The Ou brothers and sisters were sentenced to five years old, and they were also educated. Prisoners falsely accuse people of rebellion, sin and relatives, which is different from good people, so they are tired of saving punishment and falsely accusing people. Changed to the section of the book and abandoned the city, so the punishment was also light. is usurping the crime of abandoning the city, and the trace of righteousness is also broken. If the sentence is more than two years old, divided by the system of begging for the family, the province will also be troubled by prison. The counties are not allowed to choose their own days, so the customs of Qi are also.

It was changed by Wei Shi, and it is roughly the same. After that, there was nothing in the world, so the general Xiahou Xuan, the general of the expedition to the west, Yin Lisheng of Henan, Cao Xi, the leader of the central army, and Shangshu Ding Mi pursued the corporal punishment again, and the death could not be decided. There are many texts, and they are not contained.

and Emperor Jing's auxiliary government, it is the law of the Wei Dynasty, and the great rebel will be punished and the daughter who has been released. Biqiu was thrifty, and his son Dian's wife Xun should sit and die, and his brother Yi married Emperor Jing, and passed Emperor Wei to take his life. Edict to hear divorce. The daughter of the Xun family, Zhi, was the wife of Liu Ziyuan, the Taishou of Yingchuan, and also sat to death and was imprisoned for pregnancy. Xun's resignation is subordinate to the school captain He Zeng begged for grace, begging not to be an official maid to redeem Zhi's life. Zeng mourned, so that the chief bookkeeper Cheng Xian said: "Fu Sikou is a canon, and a third-class system is established; The world is changeable, Qin Li is rebuilt, and the Han Dynasty repairs it. The Great Wei inherited the disadvantages of the Qin and Han dynasties, and did not have time for leather, so he chased and killed the daughters who had come out, and sincerely wanted to kill the ugly people. However, the law is expensive, and the punishment is too prudent. The minister thinks that women have the righteousness of three subordination, no way of self-dedication, out of other races, and also mourn their parents, and reduce their discipline, so the festival of Ming is outside, and the grace of the room is different. And the parents are guilty, and the daughter who has been punished is pursued; The body of a person is enlightened inside and outside. If a woman is married, she is the wife of a different surname, and if she gives birth, she is the mother of another clan, which is the neglect of the original evil. The importance of killing innocents is not enough to punish the source of adultery and chaos in prevention, and it hurts the heart of filial piety in love. Men are not allowed to offend other tribes, and women are only killed in the second door, so they mourn the weakness of women, and they also know the duty of the legal system. The minister thinks that the daughter of the house will be punished by her parents, and the wife who is drunk will be punished by her husband's family. It is advisable to change the old department and think that it is a permanent system. So there was an edict to change the law.

Emperor Wen was the king of Jin, suffering from the previous generation of the law of the book is complicated, although Chen Qun and Liu Shao have been reformed, and the network is dense, and the uncle, Guo, Ma, and Du Zhuru chapters and sentences, but take the Zheng family, and it is a partial party, and it can not be used. So he ordered Jia to set up the law, and ordered him to be the Taifu Zheng Chong, Situ Xunyi, Zhongshu Jian Xun Xun, the Chinese army general Yanghu, the Zhonghu army Wang Ye, the court lieutenant Du You, the guard Henan Yin Du pre, the loose cavalry Lang Pei Kai, the Yingchuan Taishou Zhou Xiong, Qi Xiang Guo Qi, the cavalry captain Cheng Gongsui, Shang Shulang Liu Liang and the Ministry of Officials Shi Rongshao and other fourteen people to make a statement, on the Han Dynasty nine chapters to add eleven articles, still their clans, correct their body names, change the old law to "criminal name" and "law", distinguish the "prison law" as "impeachment", "interrogation", "prison break", divided "theft law" into "please copy", "fraud", " Water and Fire", "Destruction", because of the category of "Wei Gong", "Violation", "Zhou Guan" for "Princes' Law", a combination of 20 articles, 620 articles, 27,657 words. Punish its harshness, save its clear covenant, and take it from the classics and return to the good time. The rest of those who are not suitable to be removed, if the military, farming, and alcohol, do not get from the hearts of the people, the right to set their own laws, and the peace should be removed, so they are not subject to the law, and they are all ordered. Implement the system, so that the religion is established, and those who violate the order are guilty of the law. Its common things are chartered, each returning to its own house, for the story. In addition to plotting against the adoptive mother and marrying her daughter, she will no longer sit on her parents and abandon the city, and the province prohibits the rule of telling each other, and the system of arresting and dying is not an official slave and maid. Those who mislead the old and the young should be punished with a golden rod, and they will be ordered to do so. The order of the uncle and uncle was raped and the city was abandoned. Adulterous widow, three years old. Respect the need to marry, one is to be right, and ignore private contracts. The defense of the Junli Sect is quasi-five suits to control crime. All the laws are two thousand nine hundred and twenty-six articles, one hundred and twenty-six thousand three hundred words, sixty volumes, and thirty volumes of stories. Three years after the beginning of Thailand, the matter is finished, and it is on the table. Emperor Wu said: "How can Xi Xiao be enshrined by the law, and his uncle and grandson will be given five hundred catties of gold, and hundreds of disciples will be Lang." The husband has made meritorious contributions, the importance of ancient and modern times, and it is advisable to reward him, and his detailed examination is poor. There are hundreds of disciples who are like edicts, and they are used with talents, and they are rewarded with more than 10,000 horses. Emperor Wu personally came to speak and asked Pei Kai to read it. In the first month of the fourth year, the amnesty of the world is the new law of Ban.

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As can be seen from the above, the laws of the Jin Dynasty were revised accordingly from the beginning on the basis of the laws of the Wei State, and were revised accordingly by Sima Shi and Sima Zhao brothers when they successively took charge of the Wei State, and then further revised during the Sima Yan period.

Among them, when Sima Yan did not revise the laws of the Jin Kingdom, the number was roughly "2,926 articles of all laws, 126,300 words, 60 volumes, and 30 volumes of stories." ”

In the Sima Yan period, it was based on the further strengthening of the Jiupin Zhongzheng system, and further added and deleted the corresponding decrees, because in many ways, the decrees of the Jin Dynasty were almost not too binding on the clans, and even lacked the supervision of the princes and kings (a feature of the feudal system):

Subsequently, the Ming Law Peng Zhang Pei and the law, on the table, it should be said:

The law begins with the "Criminal Name", so the conviction system is also, and finally the "Princes", so the government is also finished. The king's government is on the top, the princes are on the bottom, and the etiquette is caressed in the middle, so there is the righteousness of the three talents, and they must be made into each other, if they are one.

Therefore, the "Criminal Name" has omitted the severity of the crime, the difference between the addition and subtraction, clarified the multiple meanings of the articles, made up for the deficiencies of its chapters, and compared the upper and lower programs. Those who commit thieves, fraudsters, and solicitors shall seek their own names for their duties, fire and water, animal husbandry, and garrisons. Confessions are the tongue of the heart, arrest is the siblings, and the prison sentence is the conviction of the person, and the name and example are all systematic. From beginning to end, it is endless, changeable, circular, up and down, and not separated from the law.

The reason why it knows and commits the crime, it means that it is a loss, it is a mistake to be disloyal and deceitful, it is a deception, it is a deception, it is disrespectful, it is a fight between two lawsuits, it is a play that harms each other, it is a thief who does not change and slashes, it is a mistake that is not intended to be a mistake, it is not a good reason, it is a bad rebellion that is said to be evil, it will harm what is not said, it is the intention of singing the preface, the two of them are talking about the strategy, the rate of the construction plan of the people, the discord is the strong, the attack is the strategy, the three people are the group, the theft of the things that are not the goods, and the profit of the goods is the stolen goods: where the twenty are the names of the law and righteousness。