Chapter Fifty-Eight: The Earliest Surviving Legal Code in China, Lü Xing
readx;? In the forty-fifth year of King Mu of Zhou, Lu Houning died. Pen @ fun @ pavilion wWw. biqUgE。 info
In the early years of the Western Zhou Dynasty, there was a criminal law, which should be determined by King Wen, and was divided into "light codes", "middle codes" and "heavy codes", collectively known as the "three codes", to maintain its rule and social stability.
In the middle of the Western Zhou Dynasty, class contradictions were acute, and even disputes between princes were common, and the chief minister Lu Hou after the death of the priest proposed to King Mu to revise the criminal law.
In the 51st year of King Mu of Zhou, in order to alleviate social contradictions and consolidate the dominance of the Zhou royal family, King Mu accepted the suggestion of the minister Lu Hou (Fu Hou), abolished the harsh old law, and took "Mingde and prudent punishment" as the guiding principle, "made corrections", and formulated an important legal code. Because it was Lu Hou who presided over the revision, it was called "Lu Xing".
"Lu Xing" has been lost to this day. There is an article of "Lü Xing" in the "Book of Shang" in this article. The chapter of "Shangshu Lü Xing" is the official archival document left after Lü Hou formulated the law, which has been sorted and preserved in the "Shangshu" by later generations and has become one of them. The original copy of the "Lü Xing" as a legal code has been lost, but its relevant content has been preserved due to the "Shangshu Lü Xing".
"Lü Xing", also known as "Fu Xing", is the legal code of the Western Zhou Dynasty, and is also the earliest existing Chinese code, with five punishments of ink, 劓 (yi, also), 剕, Gong, and Dapi, a total of 3,000 articles. It mainly describes the legal principles of the time and the detailed penalty and general judicial system. In the "Shangshu Lu Punishment", it is recorded that a person who violates the criminal law can hand over a certain amount of property and be exempted from a certain punishment, that is, atonement. Later, it developed into the saying of "The Book of Rites: Qu Li": "If you can't be a courtesy, you can't punish a doctor." Later ruling classes distorted it into a privileged class that could be exempted from punishment.
In 1975, Dongjia Village, Qishan County, Shaanxi Province unearthed a bronze --- Xun Qian in the middle and late Western Zhou Dynasty, with an inscription of 157 words on it, which described that Bo Yang's father, a heavy minister of the Zhou Dynasty, handled a case according to the criminal law at that time, because of false accusations against superiors, a petty official who was a cattle herder was sentenced to 1000 whipping, black face, and dismissal, and could also pay 300 gold (copper) and whip 500 in accordance with the code of the dynasty. Eventually, he received gold and made this bronze. The whole incident was subject to relatively strict litigation procedures, and there was a closing letter at the end, indicating that the legal procedures at that time were quite complete.
The five punishments are produced by the mutual restraint of the five elements. "Fire can turn gold, so ink can change its flesh, gold can overcome wood, so cut to remove its joints, wood can overcome soil, so cut to remove its nose, soil can plug water, the Forbidden City can cut off its lewdness, water can extinguish fire, so it is great to cut off its life." (Yi Zhou Shu Yi Wen)
The five punishments include ink, slash, 剕 (also known as fray), gong, and dapi (i.e., ink punishment - carving and painting ink on the forehead, slashing (yi) punishment - cutting off the nose, slashing (fei) punishment - cutting off feet, palace punishment - destroying genitals, and dapi - death penalty), which was gradually established from the Xia Dynasty and written into the "Lü Punishment" compiled by Lü Hou in the Western Zhou Dynasty, which is a barbaric, inhumane, and deliberate punishment that damages the body of the prisoner.
In the early days of feudal society, there were also some changes in the five punishments, such as the ink punishment changed to shaving the head (derived from the Confucian saying that the hair and skin cannot be easily damaged), and the fei punishment was changed to the bin punishment, that is, digging out the kneecaps.
Since then, the corporal punishment of slavery began to be gradually abolished, starting from the abolition of corporal punishment by Emperor Wenjing in the early Han Dynasty, the feudal five punishments based on free punishment were produced, and the feudal five punishments were flogging, rod, apprenticeship, streaming, and death, which were initially embodied as a penal system in the Sui "Kaihuang Law", and then further improved by the Tang Dynasty Law Shu ("Wude Law" and "Yonghui Law" (Tang Law Shuyi)), marking a major progress in China's penal system.
The above main punishments are for male prisoners, and for female prisoners, the five punishments are: punishment, execution, cane punishment, death punishment, and palace punishment.
戂 (chong), one of the five punishments used in ancient times for women to commit crimes. After being punished with corporal punishments such as slashing and slashing, they are escorted to government offices or border barracks to serve the labor of drying grain and rice, which is the lighter punishment of the five punishments.
The low status of women in ancient China often put them in the position of male appendages, and they lived in seclusion. Therefore, the chances of committing crimes are very low compared to those of men. However, it cannot be ruled out that the excesses of some women have angered the government. As a result, how to punish women has become a rather nerve-wracking problem.
Some women can go unpunished for committing crimes because they are appendages of men and can have their own men to be punished instead. This should be regarded as an extreme of the execution of women. There are also many sayings in ancient books about "women are not armed" and "women are not physically punished", reflecting the "moral" side of the legal system. As far as the punishment of cane is concerned, there is also care for women, and the whip is used instead, and for those who commit crimes, the method of taking off their pants and leaving a punk (underpants, pronounced: zong) is adopted. Moreover, for this kind of female prisoners who have to be flogged, most of the executioners will be more tolerant, and the heart of pity and cherishing jade is probably innate.
拶 (zǎn) punishment, also known as 拶指, is a type of torture used on female prisoners in ancient times. "Finger" is the punishment of pinching the prisoner's finger, so it is also called finger throwing (using a hammer to put into the finger, and then tightening it hard, which is a kind of torture in the old days). As the old saying goes, "Ten fingers hurt to the heart", and it is precisely because of the skill of women's hands in ancient times that if a woman's hand is injured or disabled, it will hurt the woman a lot. Finger finger pinching finger torture instrument in the old days. In the Tang, Song, Ming and Qing dynasties, the government used to use this to extort confessions from female prisoners. In the past, secret agents also used this punishment to extract confessions.
Rod, one of the ancient punishments. Torture prisoners with wattle sticks or large bamboo boards. The rod as a form of punishment began in the Eastern Han Dynasty. Emperor Wu of Liang in the Southern Dynasty set the system of whip staff, and the staff was made of wattle strips, which was divided into three categories: large staff, magic staff, and small staff. In the Northern Qi and Northern Zhou dynasties, the cane punishment was listed as one of the five punishments. It followed until the end of the Qing Dynasty. See "Five Punishments".
One of the five punishments since the Sui and Tang dynasties. The three dynasties of the Song, Ming and Qing dynasties stipulated that if a woman committed adultery, she must "strip her clothes and receive the rod", in addition to causing pain to the flesh and skin, and to achieve the effect of humiliation.
Riding a wooden donkey: This torture instrument is specially set up for women who kill their husbands for adultery, and of course includes those directly responsible for adultery. The wooden donkey riding at the end of the Ming Dynasty was like this: first erect a wooden pillar on a piece of wood, hang the tortured woman, put it on the top of the wooden pillar, make the wooden pillar poke into the ****, and then let go, let the woman's body fall, until the wooden pillar "pierces from the mouth and nose, and often dies for several days".
Claustrophobia: The palace punishment of female prisoners began in the Qin and Han dynasties. Even if a mallet is used to strike a woman on the abdomen, artificially causing uterine prolapse, it is a form of torture inflicted on the perpetrator of adultery.
King Mu was very satisfied with the effect of "Lü Xing", and gave Fengyi (originally a fiefdom of the Duke of Zhou, which became part of Zong Zhou, also known as Feng Hao) to the Marquis of Lü (Fu), which was actually only an honor, Fengyi had already become an important part of Zong Zhou, and it was impossible to really become a feudal state.