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Before Jing Yu became a soldier of the Great Wall, he himself was taught by a Chu State Tingli (the official in charge of the Chu State prison) who returned to his hometown after the fall of the Chu State, and learned some of the laws and writings of the Chu State. Pen | fun | pavilion www. ｂｉｑｕｇｅ。 ｉｎｆｏ

However, after the ensuing Great Qin Empire implemented the national policy of unifying the written language, Jing You's study in this area became a bit sneaky.

This is also a matter of no choice, because in the subsequent promulgation of the "Law of Books", once it is discovered that they have studied the words and even laws of the Chu State itself, they will suffer very serious punishments.

Of course, it's good to laugh at the clan punishment or something, because even after being lost face by the so-called doctors when Mount Tai was sealing Zen, the first emperor still didn't raise the butcher's knife in the end.

It's just that scholars of the Han Dynasty have repeatedly associated the "law of coercion" with the short life of the Qin Dynasty.

Since the Shang Dynasty, Legalism has been dominant and has always pursued a political strategy of rule of law. The rule of law enabled the Qin state to become strong and eventually unify China.

After Qin Shi Huang unified the Six Kingdoms, the hatred of the country and the high-pressure policy of the Qin Dynasty aroused the resentment of the remnants of the Six Kingdoms. Coupled with the aftermath of the Spring and Autumn Period and the Warring States Period's idea of "a hundred schools of thought contending", various thoughts, including remarks of dissatisfaction with Qin, are still circulating in society.

Qin Xiang Li Sijin said: "If you enter, your heart will be wrong, and when you go out, you will discuss it in the lanes, if you are not the master, you will be high, and you will slander it." He wrote to Qin Shi Huang: "The ministers ask the historians to burn all the "Qin Records". Those who are not doctors, and those who dare to collect "poems", "books" and "hundred languages" in the world will be burned by those who are all in charge of guarding and miscellaneous; those who dare to use "poems" and "books" will abandon the market; those who are not from the past and the present are from the same crime. The order is not to burn for 30 days, and it is a city. Those who do not go, the book of medicine, divination, and tree planting. If you want to learn the law, take the officials as teachers. ”

Due to the extreme cruelty and cruelty of the Qin law, the cruel ideological methods such as "burning books", "pit Confucianism", and "coercing the law of books" did not help, but there was a situation of "treacherous and evil coexisting, ochre clothes clogged the road, imprisoned in the city, the world was grieved, and the Qin Dynasty was defeated and rebelled", which made the Qin Dynasty quickly collapse, and finally went down in history as the image of "violent Qin".

In order to avoid repeating the mistakes of Qin, the scholars of the Han Dynasty constantly reflected on the reasons for Qin's demise. They believe that one of the main reasons for the fall of the Qin Dynasty was that it completely abandoned the ancient tradition of the holy kings who attached importance to the education of ritual music and devoted themselves to punishment. Dong Zhongshu, the master of Confucianism in the Western Han Dynasty, believed that the ancient holy kings ruled the world "without taking education as a major task", "establishing Taixue to teach the country, setting up an order to transform the city, gradually the people to be benevolent, the people to be friendly, and the people to be courteous, so the punishment is very light and the prohibition is not to be violated, and the education is practiced and the customs are beautiful"; Qin heavily forbade writing, did not coerce learning, abandoned the donation of etiquette and bad news, his heart wanted to destroy the way of the ancestors, and left for the rule of self-indulgence, so he was established as the Son of Heaven at the age of fourteen and the country was destroyed. To the effect that the Qin Dynasty reversed the practice of the previous kings, adopted the theory of Shen Shang Han Fei, strictly ruled the country, banned private learning and private book collection, and made people gradually abandon the etiquette tradition and ignore the law, which eventually led to the demise of the Qin Dynasty.

The Eastern Han Dynasty thinker Wang Chong's view is similar, "The first emperor sighed at Han Fei's book before, and then confused Li Si's discussion, burned the text of the Five Classics, and set up the law of coercion...... He believes that the Qin Dynasty's burning of the Five Classics and the prohibition of folk book collection greatly undermined the fine traditions established by the sages and made the rule of the Qin Dynasty unable to last for a long time. In fact, the scholars of the Han Dynasty did not oppose the idea of unification, for example, Dong Zhongshu put forward the famous proposal of "deposing the hundred schools of thought and the six classics of the seal". However, they advocated a mild, inducing approach to the education of the common people, and were very disgusted by the Qin Dynasty's brutal administrative coercion, so they often linked the short life of the Qin Dynasty to its tyrannical practices such as "blackmailing the law of writing".

In the face of this point of view, Zhang Jiashi can only say: The time for Liu Bang and Liu Ying of your family to implement the "Law of Calligraphy" is not much shorter than that of the Great Qin Empire, is it a good thing for you to selectively ignore it?

But compared to this small matter, Jing You was able to compare the huge gap between the laws of Chu and Qin:

......

Even if the laws of Chu were unearthed in later generations, they were all lost.

But looking at some of its contents, we can see the limitations of the laws of the state of Chu:

The most important fundamental law of the Chu State is the "National Codex". "Chinese Chu Yu Shang" records: "The punishment is in the hearts of the people and hidden in the royal palace", which is the so-called "national code". The constitutional decree is an important part of the national code, and during the Warring States period, Qu Yuan was entrusted with an important task by King Huai to "make it a constitutional decree".

The Chu people compiled all kinds of legal provisions into a book, named "The Book of the Chicken", the Wu people entered the Ying, the law of the Chu State was completely destroyed, fortunately Menggu went deep into the palace, and escaped from the water with the code of the Chicken. After King Zhao of Chu restored the country, Menggu presented the "Dictionary of the Chicken", so that the state of Chu returned to the situation of the people's rule under the condition of "lawlessness of the five senses". The Chu people have a wide variety of legal documents as the basis for law enforcement.

For example, when King Wen of Chu enacted, there was the "Law of the Servant District", which is a criminal law on punishing the crime of harboring. The Law of the Servant District stipulates: "Stealing hidden objects is the same crime as stealing." ”

During the reign of King Chuzhuang, the regulations related to the palace guards were called "the law of Maomen", one of the palace gates of the Chu palace of Maomen. The "Law of Maomen" stipulates: "When the ministers and doctors enter the court, and the horseshoe tramples [the rain stays], the court will behead their vehicles and kill their emperors." "In addition, there is the law of house entry, that is, the confiscation of property such as the house of the sinner.

For example, the crime of Yingren asking for house divination recorded in "Warring States Policy: Chu Ce I" is this case. The law of sitting together, that is, if one person is offended, he will be punished with his wife, children and other relatives. The state of Chu has a special decree on the protection of the body of the king of Chu, stipulating: "The crime of the soldier who is in the body of the king", and those who injure the body of the king of Chu with weapons will be killed without mercy, and the punishment will be imposed on the three tribes. In 381 B.C., the king of Chu mourned and died, and the nobles of Chu who were damaged by Wu Qi's change took the opportunity to attack, and committed a serious crime by shooting Wu Qi's weapon and hitting the body of the king of Chu mourning, so the number of people who died according to the law reached more than 70 families.

The punishments used by the state of Chu included extermination, cooking, car splitting (or branching, splitting, and slashing), beheading, palace, slashing, slashing, ink, flogging, whipping, piercing ears, shackling, imprisonment, release, and confiscation as official slaves. So many tortures were inflicted on people at the time. When Chu Kang was king, Dr. Cai went to Chu and talked with Ling Yin Zimu, talking about the political affairs and talents of Jin and Chu, and Shengzi pointed out: "Chu is more promiscuous, so the doctors are afraid of being punished and often flee and die in the Quartet, become the masterminds of other countries, and then invade the Chu State." ”

This is also one of the biggest drawbacks in the politics of the Chu State. Later historians have pointed out that the punishment of Chu was severe, and not only ordinary subjects were often punished for violating the ban and being punished, but even ordered Yin and other important ministers to "be less angry and immediately executed" ("Spring and Autumn Timetable: Chu Ling Yin's Treatise").

Exterminating the clan means that if one person is guilty, he will punish all his relatives. In the Spring and Autumn Period, Chu ordered Yin Zi to kill Fei Wuji and General Yan to "wipe out his clan". There was also a matter of Chu Zi killing and fighting, and "destroying his clan".

Cook the prisoner in a wok. "Historical Records: The Biography of Wu Zijin" has a record of "cooking stone beggars". It's a form of torture that isn't seen much.

The punishment of dismemberment is the most extreme punishment of capital punishment, usually the car split, after Wu Qi changed the law to defeat, it is recorded that Wu Qi died of car splitting. Dismemberment is also known as the punishment of "磔", as recorded in "Han Feizi's Inner Reserve Theory", Jingnan produces gold, and those who collect it privately "get it and live up to it in the city".

The state of Chu has a complete judicial procedure. After the judicial department accepts the case, it shall hear the case within the prescribed time limit. Within this period, the judicial officer must try the complaint he has received, otherwise it is a dereliction of duty, and the complainant has the power to urge the judicial officer to hear the complaint during this period. In the event of an improper trial or an erroneous judgement by a judicial officer, the defendant may also file a complaint during this period. The "acceptance period" of Bao Shan Chu Jian is a record of law enforcement officers being charged for dereliction of duty.

When hearing a case, the judicial officer is required to "hear the case", i.e. to hear the representations of both parties. Bao Shan Chu Jian Jian Ji Yun: "The deacon curses the Yin people and declares the appearance." Harshness, Shu Xun, Shu fish, Shu Qing's prison is in the yin, and I think about it. Then he recorded the words of Shu's father, Xuan and Cao, which was a record of the prison.

Judicial officials hear submissions from non-party witnesses who can provide evidence in the case. According to the provisions of the Chu Law: "The same society, the same li, and the same official cannot be proven, and the concealment of the father and brother cannot be proven." "Bao Shan Chu No. 137 Brief Notes" The deacons are the testimony of the alliance, where there are two hundred people and eleven people. "There are so many witnesses.

When a case is concluded, it is necessary to convict in accordance with the law, that is, to make a reasonable judgment on the case on the basis of the facts and the provisions of the law, which is called "breaking the prison".

"Zhou Li, Diguan, Da Situ": "All the people do not obey the teaching, and there are prison lawsuits, and those who have land rulers will listen to it. ”

Later generations of Baoshan Chu Jian recorded the murder case of Shu Qing, which alarmed the king of Chu because of the delay, so that Zuo Yin sued Tang Gong for the king's order to "break it".

The state of Chu has a variety of laws and decrees, and some people of insight in the ruling group of the state of Chu are generally able to abide by the law and enforce the law impartially, and the king of Chu Zhuang, Ling Yin Yuwen, Sun Shuao, Shi Zhu, etc. are its leaders.

When the king of Chuzhuang, the prince violated the law of Maomen, and the court dealt with it according to law, and the prince cried and asked the king of Zhuang to punish the court. King Zhuang said: "The Dharma, so respect the temple and respect the community." Therefore, the law can be enacted to respect the society, and the minister of the society, "is the law-abiding minister of the true self". Not only did he not add to Tingli, but he was second-class, and the prince pleaded guilty and pleaded guilty. This matter was rumored to be a good talk.

Ziwen accused Tingli of saying: Tingli's position is "to violate the king's order and to investigate the law of the country", and "to abandon the law and release the lawless person who violates the law is to be unreasonable and unfair." Ziwen, who is in the "upper position", sets an example for the "people" and is loved by the people.

"Saying Yuan?Zhigong" records, Yu Qiuzi recommended Sun Shu Ao as the queen of Lingyin, Yu Qiuzi's family did the law, Sun Shu Ao insisted on killing him, Yu Qiuzi said to the king of Chu: "The minister said that Sun Shu Ao, if you can make the country govern, obey the law of the country instead of the party, and torture and kill without commissioning, it can be described as fair." "Sun Shuao and Yu Qiuzi both attach importance to the law of the country and do not favor the law, so they are praised by later generations.

Compared with the laws of Chu State, Qin Law is not to mention how much more humane it is compared to Chu Law, just a popular "Legal Q&A" is enough to throw Chu Lu a few streets:

[A thief who travels on his back to steal shall be guilty of an offence.] What does it mean to "aggravate the crime"? Five people who commit theft together and have more than one piece of stolen goods, cut off their left foot, and get a city dan; less than five people, who have stolen more than 660 yuan, and who have stolen more than 660 yuan, and who have less than 220 yuan, who have more than one yuan, will be exiled. Seeking theft is punished in the same way.

If you ask for theft, you should be punished by Chengdan, and ask if you should be guilty of the same crime as if you were a thief?

A conspires to send B to steal, and one day, B goes to commit the theft, and before he arrives, he is captured, and both A and B should be sentenced to ransom.

The mastermind of the male slave A asked the servant girl B to steal the master's cattle, sell the cattle, and flee with the money from the sale of the cattle to escape the national mirror.

A stole a cow, was six feet tall when he stole the cow, imprisoned for one year, and then measured, six feet seven inches tall, and asked A how to deal with it?

How should someone steal someone else's mulberry leaves, and the stolen goods are worth less than a penny? (This may also be regarded as a "proof" of Qin Lu's brutality)

The secretary stole 110 yuan and surrendered himself, how should he be punished?

A steals and the stolen goods are worth 1,000 dollars, and B knows that A has stolen the stolen goods and shares less than one penny, and asks B how to deal with it? (Qin Lu doesn't care if you steal or not, the main thing is to deal with Party B's crime of not reporting and participating in the distribution of spoils.) ）

A steals less than a penny and goes to B's house, but B doesn't notice it and asks B how to deal with it? If he knows about it and does not arrest him, he shall be fined one guilder. (This is the main deal with the offence of knowingly failing to report.) ）

A steals money to buy silk and deposits the silk with Party B, and B accepts it, but does not know about the theft, how can Party B deal with it? (The ignorant of humanity is not guilty.) ）

A and B did not know each other, and A went to C to steal, and when he arrived, B also went to C to steal, and talked to A, so they stole separately, and the stolen goods were worth 400 yuan each, and they were seized at the same time after leaving C. If there is a premeditation, the two people should be punished together, and if there is no premeditation, each shall be convicted according to the number of stolen goods.

If a craftsman steals something and the stolen goods are less than a penny, should the craftsman in the same class answer the beating? (Craftsmen during the Great Qin Empire seem to have a high status.) ）

If a husband steals 1,000 pieces of money and hides 300 from his wife, what should the wife deal with? If the wife knows that her husband has stolen money and hides it, she should be punished as 300 thefts; (How to understand the latter one???)

The husband stole 300 coins and told his wife that she should use the money with him to eat and drink, and what should the wife deal with? If it is not premeditated, it should be kept as a collection, and if it is premeditated, she will be guilty of the same crime as her husband. If a husband steals 200 pieces of money and hides 110 of them from his wife, what should she do with her? If she knows that her husband has stolen 110 dollars, she should be punished as 110 pieces of stolen money;

......

There is no doubt that with such an obvious explanation of disposition, even Jing You, a person who is familiar with Chu Law and Qin Law, knows who is better.

And a country that can effectively enforce its laws and regulations, the corresponding nature of its laws and regulations is enough to determine whether the national strength of the country is strong or not. (To be continued.) )

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