The demise of a country has, to a certain extent, the ineffectiveness of the country's legal system. Pen ~ fun ~ pavilion www.biquge.info

There are many factors that lead to this, but there is no doubt that once this happens, the country's livelihood will inevitably become decaying and public resentment will boil.

In the "Historical Records", "the brutality of Qin law" is one of the main reasons for the fall of the Qin Dynasty. But strictly speaking, the brutality of Qin law is the biggest misinterpretation, but the main factor in the fall of the Qin state is not unrelated to Qin law, on the contrary, to a large extent, the fall of the Qin Empire is closely related to Qin law, and the most critical point is not the law, but the overall environment that leads to the loss of the majesty of the law.

Qin law is a very humane law, which is recognized by many law professors in the documentary "From Qin Shi Huang to Emperor Wu of the Han Dynasty".

However, it is also an indisputable fact that Qin Law was in fact useless in the middle and late period of the First Emperor.

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What is more interesting is that since there is no criminal law in the "Historical Records", the situation of Qin Law can only be understood by relying on Qin Jian, the sleeping tiger.

However, since it is possible that it was in the Eastern Han Dynasty, the original manuscript of the Qin law has almost been lost, so Ban more can only rely on the statement of the "Historical Records" to describe the degree of law during the Qin Empire.

And the subsequent Jin Shu Criminal Law Zhi proved a point to a large extent, but there are many irrelevant contents in the "Jin Shu Criminal Law Chronicle", and Zhang Jiashi can only express this matter:

It is said: "Be polite, shameful and qualified." "The punishment cannot be committed, and if the etiquette is insurmountable, then the Hao year is better than the sacrificial year, and it is appropriate to have a reduction. If the husband is round and judgmental, the appearance is divided, the manifold broadcasts its joy and anger, and the temperament shows its good and evil, then there is a natural reason. After reading the room, Qu Zhu Xianhui will eliminate disasters, guide Xiuhe, take the Qin Se, do not forget the strategy, and imitate the transformation of Yang and Autumn, if Yao Shun is the heart. Following the original Busu, Emperor Xuan has the division of the wilderness, the thunder and lightning are mighty, and Gaoxin has the task of touching the mountain. Chen Hu soldiers and armor and wanton all the cities, with severe heavenly punishment, to punish chaos, on its original intention, cover the last resort to use it. It is to Danpu Xingren, Hayama salty. And the world is a fluke, the matter is critical, the political rudeness is small, and the prison is punished, then Confucius said: "Listen to the lawsuits of my Jews, and I will also make no lawsuits!" and Zhou's Gong Xing, but the blade is closed, the ancestors are generated, the charter is Yaoyu, the government has the anointing, the power and the etiquette and music, or the words to understand its interest, or the ear to shine on it, or the good to excite its feelings, or the evil to worship its roots. To the husband to take the power of the tyrant, a Kuang Jiuhe, the fable into health, not by the condensation of the net, this so-called according to its legacy, and love the people to govern the country. If it is to disdain Yi Lun and be cautious, then Xia Gui's piety and Liu people, Shang Xin's poison is all over the world, Wei Yingzhi has nothing to be ashamed of, and Han Feizhi is overwhelmed with abuse, and his husband "Gantang" is singing, and he has not returned to the same place. At the beginning of Qin Wen, the first emperor added the association, and the prison was like a city, and the road was sad. The King of Han hangs it with the law of three chapters, and Emperor Wen comes to it with the way of punishment, and the people are happy at that time, and they will meet with Thailand. And the Qian's love moved, the department went at will, offered the Qiong cup to His Majesty, migrated to Tsing Yi on Shu Road, repeated the sentence, and poured the sect to prison. In addition, several prisoners were imprisoned on the night of Jingzhao, and on the fifth day in the city of Chang'an. And the country that is about to die, the punishment is abandoned, the chapter is published to be anxious about its constitution, and the appropriate is to widen its net, and the season of Huan Ling, it is not true! When Emperor Wei Ming, the palace was prosperous, and the period would be urgent. Wang Su resisted the dredging and said: "Your Majesty's execution is suitable for those who die." However, the people do not know, they will be hasty, and I hope that Your Majesty will be violent to the officials. They are all dead, do not pollute the palace, do not be shocked by the gentry, and are not suspected by the near and far. Human life is of the utmost importance, it is difficult to live and easy to kill, and those who are desperate and do not continue are also valued by the holy king. Meng Keyun: 'Those who kill one innocent and take the world will not be benevolent. '“

Emperor Shizuwu took over the three unifications, considered the model of the millennium, and ordered the division and the Ming criminal constitution. At that time, the edict promulgated a new law in the world, and the sea was on the same track, and the people were very safe. Although the outline is set up, it is called Jian Hui, looking up to the heavens, helping the people's hearts, the Tao has the law and is not defeated, and the virtue is punished and established for a long time. And Jin Tu migrated south, a hundred and two years, looking up to the previous rules, its flow, the left of the river has no outside, and the barbarian comes to the grid. When filial piety, the king of Huiji Daozi poured out the power of the dynasty, the party he established, the private prison of the goods officials, the ancestors of the martyrs, did not hear the defeat, and the discipline of the Jin Dynasty was in chaos.

It is said that "the three emperors set their words but the people do not disobey them, and the five emperors paint images and the people know that they are forbidden", then the so-called "book" is "like a pawn punishment, exile five punishments, whipping as an official punishment, and pounce as a religious punishment". However, those who commit scarves are soapy, those who commit slashes are clothed, those who commit swords are inked on their bodies, and those who commit palaces are miscellaneous, and the crimes of great punishment are extreme, and they are clothed without collar edges, and they are thrown into the city and abandoned by the public. Shun Ming Gao Tao said, "There are five punishments, five services and three servings, five streams have houses, and five houses and three residences." "Fang is loaded before, and the matter is doubled. The king of the Xia Hou clan is also in the world, and the five punishments belong to three thousand. Yin is due to the summer, and there are gains and losses. The Zhou people punished the state with three codes, listened to the people's feelings with five, left Jia and right lungs, and everything was melted, and the five punishments were still 2,500 yuan. It is the method of three stabs, three stabs, and three forgiveness: one stab is to inform the ministers, then to stab the officials, and three to inform the people; one is to say ignorance, then to say negligence, and three to forget; one is to amnesty the young, then to pardon the old, and three to amnesty the stupid. "Sima Law": Or raise a soldier to levy injustice, abolish the tribute will be punished, if you don't go to court, you will be punished, and if you change the rite and punishment, you will be released.

It is said: "The quality of Yin Zhou is beyond words." "And Zhao Hou Zheng, Mu Wang Si Lao, the punishment of the system, in order to criticize the Quartet, treacherous Hongduo, chaotic Si Yong, then the so-called "Xia has a chaotic government and made "Yu Punishment", Shang has a chaotic government and made "Tang Punishment", Zhou has a chaotic government and made "Nine Punishments"" also. The ancients used armor soldiers for major punishments, knives and saws for medium punishments, and whips for thin punishments. Since then, sniping has been rife. Emperor Wu did not think that he was hesitant to go to the constitution and could not pass through the country, so he ordered the general of the chariot cavalry, the order of the Shangshu, and the Duke of Lu to solicit the handsome, and publish the law and the chapter Yuner.

After Wang Mang usurped the throne of the Han Dynasty, the old chapter did not exist. Guangwu Zhongxing, pay attention to the prison, often come to the court to hear lawsuits, and decide doubts. After the chaos of the time, the legal net was relaxed, and the crime was light and could not be punished. Liang Tong is on the dredging said:

The ministers stole the first five years of the Yuan Emperor, and the punishment was 34 things, and the first year of the Emperor Jianping was four years, and the punishment for the dead was 81 things, and the forty-two things, the hand murder was reduced to the death penalty by one degree, and it was a common law. Since then, people have broken the law lightly, officials are prone to killing, and officials and people are lost, as for unruliness.

The ministers foolishly thought that the punishment was not light, but also in it. The way of the gentleman, benevolence and righteousness are the main, the benevolent love others, and the righteous manage affairs. Therefore, the lover should be to eliminate harm, and the management should also be to eliminate chaos. It is because the five emperors have the punishment of exile and killing, and the three kings have the punishment of carving muscles, so in order to remove the chaos. Therefore, Confucius said that "the benevolent must have courage", and also said that "financial management is righteous, and it is forbidden to be righteous". Emperor Gao was instructed, restricted, and enacted, which was passed down to future generations, and could be implemented permanently. Emperor Wen was lenient and favored by Wenke, and was punished by Shi Kangping, because of the grace of the time, the corporal punishment was omitted, except for the method of sitting, he was led by the old chapter, and the world was almost peaceful. Emperor Wu was prosperous in China, with more than enough financial resources, sent troops to order generals, conquered distant places, served several times, the people dismissed the malpractice, the heroes violated the ban, and the traitors played the law. Emperor Xuan is smart and upright, and he holds the key points in order to control the sea, and his subordinates are constitutional, without losing rope and ink. Emperor Yuan's law, few changes, the world is safe. Filial piety, filial piety, Chengping succession, the throne is shallow, and the hearing is still widowed. Prime Minister Wang Jia and others have been obscene for a few years, losing the old testament of the first emperor, wearing orders and breaking laws, and doing more than 100 things, either inconvenient for politics or not tired of people's hearts. The minister respectfully expresses that it is especially harmful to political affairs and harms the good, and Fu is like the left.

His Majesty Fu Wei bud five constants, nine virtues, push the time to set up chaos, Bo Shi Ji, and the reverse because of the end of the season, the decline of the trajectory, Cheng Fei so also the beginning of the reversal, according to the beginning of the Yuan also. May Your Majesty proclaim that there is a division, and that you will see the places worn by the first yuan and Jianping, examine their importance, and observe their customs, so that you can know where politics and religion are, choose those who are good and follow them, and change those who are not good.

The three dukes and the court lieutenant discussed the matter, thinking that the law was a long sentence, and it was not an urgent matter for the king of Ming, and it could not be opened. Tong Fu said: "If there is a priest who is obscene, he cannot do it." What the minister said is not a severe punishment. After stealing Emperor Gao, as for Emperor Xuan, what he implemented was passed down through the scriptures, and this party is not a long punishment. If you can't get enough of it, you are willing to be summoned, and if you are close to Shangshu, you will express your intentions. "The emperor's order is still in question, and the system is right, and it is extremely said that the political punishment should be changed. The discussion was not followed. and Emperor Ming ascended the throne, and often came to hear lawsuits and observe the Luoyang prisons. The emperor's nature is clear, and he can get rape, so the punishment of Shangshu is close to being harsh.

When Emperor Zhang, Shangshu Chen Chongshang said: "The government of the first king, the reward is not excessive, the punishment is not indiscriminate, and it is a last resort, rather than indiscriminate." Therefore, Tang Yao wrote the classic saying, 'Five punishments for exile, forgiveness for disasters'. Emperor Shun ordered Gaotao to 'five houses and three residences, but Ming Keyun'. King Wen emphasized the six lines of "Yi", and listened to the thorns of the columns; Zhou Gong wrote "Lizheng", and the king should not be mistaken for prison. His Majesty ascended the throne, and the rate was righteous, and there were deacons who did not know flattery. Those who break out of prison are anxious to set an example of the terrible pain, and those who enforce the constitution are full of deception and indulgence, violating the truth, committing treachery, or acting for personal reasons in order to get away with it. The husband is also the government, the big string is urgent, the small string is absolute, so the son is not the fierce law of Zang Sun, and the benevolent government of the United States Zheng Qiao. Fang Jin's holy virtue is congested, if it is up and down, it is appropriate to be at this time, the affairs of the first saint of Long, cleansing the troublesome and harsh, light and thin, in order to help the masses, wide to the virtue also. "Dina pampered and punished, and the punishment should be lenient. Later, the edict was issued, prohibiting the old system of drilling and drilling, relieving the prohibition of evil, and in addition to the request of the text, more than 50 things were set in the order. It is the peace of the post-prison law.

In the sixth year of Yongyuan, he was favored and replaced by Guo as the court lieutenant, and the law was reinstated, and the criminal law overflowed in the "Fu Punishment", and he was removed, saying: "The minister heard the three hundred rites and three thousand prestige, so the "Fu Punishment" was two hundred, and the five punishments belonged to three thousand. Where the rite goes, the punishment is taken, and the rude is punished, and the one who is on the outside is also. According to the decree of the present law, there are 610 persons who commit crimes that deserve the death penalty, 1,698 for their crimes, 2,681 for their sins, and 1,989 for their crimes, and 410 for their crimes, 1,500 for their crimes, and 79 for their sins. "Spring and Autumn Baoqian Map" said: "The king has a law for three hundred years." 'Since the Han Dynasty, in the past three hundred and two years, the constitutional decree has increased slightly, and the regulations are unlimited. There are also three schools of law, each of which refutes each other. There are many criminal laws, and it is advisable to order the three dukes and the court to gather the laws and decrees, and those that can be executed by the righteousness shall be two hundred, and the two thousand eight hundred for the forbearance and atonement shall be combined into three thousand, which shall correspond to the rites. The remaining 1,989 things can be eliminated in detail. Make it easier for the people to see and hear, so as to become greater, and the beauty of the punishment measures will be passed on endlessly. "If you don't have time to carry it out, you will be spoiled and punished, and you will go to bed. Pet Zizhong. After being loyal to the book, slightly according to the favor, the thirty-three articles were played, which was "Decisive Ratio" to save the disadvantages of asking for advice. He also removed the silkworm room punishment, released the stolen officials from the imprisonment of the third generation, and the theory of weight loss by killing people in a crazy way, and the death of mothers and sons and brothers on behalf of those who died and pardoned those who were replaced, everything was carried out. Although there are leathers from time to time, and the old laws are complicated and have not been compiled.

In the first year of Emperor Jian'an, Ying Shao deleted the law and order, thinking that it was "Han Yi", and the performance said: "The major events of the husband and the country, Mo Shang is registered." Those who carry the book will also be suspicious, know right from wrong, reward and punishment, allow the execution, and the future generations will always have a lesson. Therefore, Dong Zhongshu, the prime minister of Jiaodong, was sick and sick, and every time there was a political discussion in the imperial court, he sent Zhang Tang, the captain of the court, to the alley and asked about its gains and losses, so he made 232 things in the "Spring and Autumn Prison", and moved to the "Sutra", which was detailed. Dong Zhuo, the rebel minister, overthrew the royal family, burned the constitution, and left a legacy. Today, he is riding eastward, patrolling the province and Xu Capital, pulling out the dangers, and his life is new. The ministers did not steal themselves, and wrote "Chapters and Sentences of the Law", "Old Matters of Shangshu", "Decree of the Court Commander", "Proportion of Decisions", "Situ Dumu", "Five Cao Edicts" and "Spring and Autumn Prison", all 250 articles, which were re-emphasized and written for them. and a collection of thirty articles of "Refutation", following by analogy, all eighty-two things. See the 25th of the Book of Han and the 4th of the Book of the Han, all of which are deleted and polished, with the whole ontology. Twenty-sixth, absorbing ancient and modern people, morality and righteousness are considerable. Twenty-seventh, created by ministers. "Zuo's" cloud: 'Although there is Ji Jiang, do not abandon the haggard, although there is silk linen, do not abandon the Kan Kuai. 'Cover so Dai Ku also. It is to dare to show stubborn talents, toilet at the end of Mingzhe, although it is not enough to discipline the national body, and promote the time. A few observations are made to increase the sanctity. However, because of the spare time of all opportunities, I will visit it. "Offering the emperor good, so the old things are kept. At that time, the world was in turmoil, and the people had the tendency of collapse, and the punishment was not enough to punish the evil, so the famous Confucian genius was the disciple of Cui Shi, the great priest of Liaodong, Zheng Xuan, and the great Honglu Chen Ji, and thought that it was appropriate to resume corporal punishment. The Han Dynasty did not discuss its affairs, so it was useless.

and Emperor Kuang Fu Han of Wei Wu, Shangshu ordered Xun Yubo to visit hundreds of officials, and reverted to Shen Zhi, and Shaofu Kong Rong thought: "The ancients are dun, good or not, the officials are punished and the government is simple, there is no fault, and the people are guilty, and they all take it by themselves." The last days are late, the weathering is corrupt, the government is bothering its customs, and the law is harming its religion. Therefore, it is said that 'if you lose your way, people will be scattered for a long time'. And if you want to bring them to justice and abandon them, it is not the so-called news of the times. The shin of the dynasty is said to be no way in the world. The land of the husband and the nine herds, the thousand eight hundred kings, if each one person, there are always thousands of eight hundred in the world, and the world is resting and peaceful, and the Buddha can get it. And the person who was tortured did not think about life, and was determined to die, and many of them became evil, and they did not return to justice. The sand is chaotic, Yi'er is in trouble, Zhao Gao, Yingbu, and it is a great disaster for the world. You can't stop people from doing wrong, and you can be good at what you do. Although loyal as a fist, as faithful as Bian He, as wise as Sun Bin, as unjust as an alley uncle, as talented as Shi Qian, as good as Zizheng, a knife saw, no world despised. It is Siyong of Taijia, the tyrant of Qin of Mu Gong, the capital of Chen Tang, and the border of Wei Shang, and there is nothing to do. Han Kai changed the way of evil, and everyone did it for this. Therefore, the king of Mingde is far-reaching, abandoning the short and long, and not reforming his government. "The court is good, and it will not change.

and Wei Guojian, Chen Jizi was the middle of the imperial history, and Emperor Wu of Wei ordered to restore it, so that the group applied for his father's theory. The group is deep and convenient. The clock is the prime minister, and he is also in favor of it, while the king of Fengchang disagrees. Emperor Wu of Wei also found it difficult for the vassal state to change the system of the Han Dynasty, so he could not sleep. Therefore, it is determined that the Jiazi family, the person who commits the left and right toes is easy to use wooden weapons, and it is easy to use wood when there is a lack of iron. He also thought that the Han law was too heavy, so he made the law-based theorists listen to half of the department, so that the law was reduced from half.

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It can be seen from the above content of the Book of Jin and the Criminal Law Chronicles that even in terms of criminal law, the Qin, Han, Wei, Jin and other dynasties had a lot of inheritance, but there is no doubt that there are few descriptions of the criminal law of the Jin Dynasty in these circumstances......

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