Chapter 41: The "Conflict" between Criminal Law and Etiquette
Among the 24 histories, the Book of Han is the earliest record system for compiling criminal law chronicles. Pen ~ fun ~ pavilion www.biquge.info?? Net?
In the "Historical Records" or historical books such as "The Year of the Bamboo Secretary", there is no record similar to the Criminal Law Chronicle.
Perhaps it is also because of this factor that the compilation of criminal law has become a key to the revision of history.
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Later generations often think that it is the Han Dynasty and Qin system, and this point is very consistent in terms of official positions and the like, but in terms of criminal law, this statement can also be adopted.
Many people in later generations believe that after Liu Bang's "Three Chapters of the Law", the legal punishment methods during the Han Dynasty had nothing to do with the violent Qin.
But this is more because Liu Bang did not think that a relatively sound legal system was important for governing the local or even the country at the time.
Later, perhaps because Xiao He realized that Liu Bang's approach was strictly undesirable, it eventually evolved to the point of "Han Cheng Qin system".
In the Hanshu Criminal Law Chronicles, the description of the law in the pre-Qin period is not coherent, but some of the content suggests that the class attached importance to the law.
In the law of the former Zhou Dynasty, three codes were established to punish the state, and the four sides were criticized: first, the new state used light codes, the second said, the middle codes were used in the state of criminal peace, and the third said, the heavy codes were used in the state of criminal chaos. Five punishments: 500 for ink crimes, 500 for slashing crimes, 500 palace crimes, 500 for slashing crimes, and 500 for murder. Those who kill people step on the city, the ink makes the gate, the slasher guards the gate, the palace guards the inside, the slasher guards the prison, and the finish makes the guard. The men are in sin, and the women are in the house. Whoever has a lord, or who has seventy, nor who has not bo62, is not a slave.
Zhou Dao was declining, King Mu was famine, and he ordered Fu Hou to be punished in order to criticize the Quartet. The black penalty is a thousand, the slash penalty is a thousand, the patella penalty is five hundred, the palace penalty is three hundred, and the great punishment is two hundred. The five punishments belong to three thousand, which is more than the five hundred chapters of the Pingbang Zhongdian, and the so-called criminal chaos is also used by those who use heavy canons.
In the Spring and Autumn Period, the royal road was soaked, the education was not good, and the son was born Zheng and cast a torture book.
Uncle Jin said to Fei Zhi: "In the past, the kings discussed matters according to the system, not for punishment. Fearing that the people are contentious, it is still forbidden to resist it, so it is to be idle and friendly, to rectify the government, to act with courtesy, to abide by faith, and to serve with benevolence; Afraid of its future, so it is taught to be loyal, to do it, to teach it to be business, so that it is harmonious, to be respectful, to be strong, and to break it to be strong. Seek to be above the sages, to be discerning, to be faithful, and to be merciful. Then the people will be free to do whatever they want, and not cause trouble. If the people know it, they are not afraid of it, and they have a desire to fight for it, so as to collect it from the book, and if they are lucky, they can do it. Xia had a chaotic government and was punished by Yu, Shang was punished by soup, and Zhou was punished by being a chaotic government and was punished by nine sentences. The prosperity of the three is also the uncle. Now my son Zheng Guo, the system of counseling, casting the punishment book, will be Jingmin, is not also difficult! "Poem" said: "The virtue of the king of ritual punishment is the virtue of the king of the sun." He also said, "King Wen of ceremonial punishment, all nations are Fu." If so, how can there be any dissipation? The people know that there is a dispute, and they will abandon the rites and collect them in the book. At the end of the cone knife, there will be all the contention, chaos and prison are abundant, and goods and bribes are parallel. In the world of the end of the son, Zheng Qi is defeated!"
The son said: "If my son's words are not good, and I can't reach my descendants, I will save the world." β
The policy of stealing is self-inflicted.
Confucius was hurt and said: "Guide them to morality, all to courtesy, shameful and qualified; guide them to government, all to punish them, and the people are free and shameless." If the ritual is not happy, the punishment will not be successful; β
Meng Shi made Yang Fu a judge, asked Yu Zengzi, and also said: "If you lose your way, the people will be scattered for a long time." If you get it, you will be sad and not happy. β
As for the Warring States Period, Han Ren Shenzi, Qin used Shang Ying, and even sat on each other to create the punishment of Shenyi; As for Qin Shi Huang, he annexed the Warring States, destroyed the law of the previous kings, destroyed the officials of Liyi, and was appointed as a full-time punishment. And treachery and evil are born together, ochre clothes are clogged up, prisons become a city, the world is sad, and it is betrayed.
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However, the Criminal Law Chronicles are not a historical practice, and there is no description of the Criminal Law Chronicles in the Later Han Book after the Book of Han.
What is the reason for this?
It is very likely that this is closely related to the style of writing the Book of the Later Han, which is: "The propagation of Confucian orthodoxy should also be the basic content of the Book of the Later Han." β
And this situation is also very related to the "Etiquette Chronicles" of the Book of the Later Han Dynasty, and even the existence of the final word.
Fu Weiyi, so with the monarch and ministers, the six relatives are also. If the monarch dies the prestige of the king, the ceremonies of the ministers and the ministers, and replaces the lower tomb, this is called chaos. If you make a big mess, the masses will suffer from it, but you can't be careful! Therefore, remember to perform majesty, thinking that it is the "Etiquette Chronicle".
Etiquette and etiquette, every month, the calendar of the Taishi, there are divisions, waiters, and scholars to read their orders and pursue their policies. On the two days before and after the new day, they all brought the sheep wine to the shrine to sacrifice the day. The day changes, cut the sheep to the ancestral shrine, and use it to save the day. The deacons are crowned with long crowns, dressed in single clothes, and garmented in the middle of the leader's shirt and pantyhose, to salute, like a story.
On the day of the beginning of spring, the night leak is not over five minutes, the hundred officials of the Beijing division are all dressed in green clothes, and the county and county officials go down to the history of the fight to eat the order to serve the green curtains, set up green flags, and give soil cattle to plough people outside the door, in order to show the people, to the beginning of summer. Only the military attache does not. On the day of the beginning of spring, the next lenient book said: "The three princes of the edict: Fang Chundong made, respectful and cautious, and the action was followed." Sins are not mortal, and they must not be proven, they must all be killed. Retreat from greed and cruelty, enter softness, and be a user, such as a story. β
On the first month of the first month, the southern suburbs of the ancestral hall. After the ceremony, the northern suburbs, Mingtang, Gao Temple, Shizu Temple, called the five offerings. After the five offerings are completed, the next time to go to the mausoleum.
There was an old tomb in the western capital. The rite of the eastern capital, hundreds of officials, women of the four surnames, princesses, princes, foreign courtiers, and county officials will be tombs. The water leaks during the day, and the big Honglu sets up nine bins, and stands in front of the dormitory. The bell rings, the confessor governs the courtesy to attract guests, and the ministers are in place like a ritual. Take the public opinion from the east chamber, too often export, worship to the west, turn and ascend the steps, worship God and sit. Retreat to the east chamber, facing west. The waiter, the scholar, and the majesty all sit behind. The ministers and ministers sat down, the officials ate, the food was played too often, and the dance of "Wenshi" and "Five Elements" was danced. Le Rong, the ministers were given food, and the county officials were second, when Shenxuan occupied the price of the grain of the county, the people were suffering, and they wanted God to know their movements. Filial piety is courteous, and the heart of love is also. Thoughtful and courteous. In the end, he kissed the mausoleum, sent a planner, and gave it to wear. In August, drink and go to the mausoleum, and the ceremony is the same.
Fan Zhai, seven days of heaven and earth, five days of temples, mountains and rivers, and three days of small ancestral halls. If there is pollution during the fasting day, the fast will be relieved, and the vice will prostrate. Fasting for one day, there is a defilement catastrophe, and fasting is like a ritual. The great mourning, only the suburbs of the world are more and more fasting, and the earth is fasting after a hundred days, such as the story.
If the first month of Jiazi is an auspicious day, you can add dollars to serve, and the ceremony is from the "Crown Ceremony". At the beginning of the public opinion, the cloth was added to the virtuous, the second lord Ben, the second Wu Ben, and the second Tongtian. The crown is all in the Gaozu Temple. Below the princes, it is only the beginning of the virtuous.
New Year's Month, Heavenly Suburbs, Evening Sacrifice. The day leak is not exhausted at the beginning of the eighteen quarters, the night leak is not exhausted at the beginning of the eight quarters, into the offering, too blessing sends, spinning, are all on the burn, slaughter the wish to raise the fire and burn the wood, the fire, the Son of Heaven worships again, Xing, there is a division to tell the end of the matter. Mingtang, Wujiao, Zongmiao, Taisheji, and the six sects of the night sacrifice, all of which are not finished at the beginning of the day for 14 moments, and for the night to leak for 7 minutes. The six cases are burning, the fire is great, and the secretary is done.
Ploughing begins in the first month. The day leaks on the water at the beginning, and the deacon tells the ancestral shrine that the farmers have enjoyed. When ploughing, there is a division to ask for action, on the ploughing position, the Son of Heaven, the three dukes, the nine kings, the princes, and the hundred officials to plough. The power field is planted with EF7C, and there is a division to tell the matter. It was the month, and the order said: "The county and the state all advise the people to start farming, such as rituals." All walks of life are ringing bells, and they are all happy. If you ask for rain and stop rain, you will not ring the bell and make no fun. β
In the month of mid-spring, a certain shrine was erected in the south of the city, and special sacrifices were enshrined.
In March of the second year of Emperor Yongping of the Ming Dynasty, the first handsome ministers bowed to support the three elders and the fifth watch in Biyong. Shoot the salute. Counties, counties, and Daoxing townships drink alcohol in schools, and they all worship the holy teachers Zhou Gong and Confucius, and sacrifice dogs. So the righteousness of the seven suburbs and the three yongs was prepared.
Raising the three elders and the five watches, the first auspicious day, Situ Shang Taifu if the lecturer is the name of the three princes, with its virtue of the elderly one is the old, and the next one is more. All the clothes are all robes and single clothes, the middle clothes of the leaders of the Yuan, the crown of the virtuous, and the scepter of the king. The five watches are the same, not the rod. All fasted in the Taixue lecture hall. On the same day, the public opinion first went to the Biyong Rite Palace, sat in the east chamber, and sent the messenger to welcome the three elders and the five watches. The Son of Heaven greeted the door screen, handed over the salute, the Tao was from the ranks, and the three elders were promoted from the guest ranks. To, the Son of Heaven is like a courtesy. The three old people are rising, the east, the three dukes are set up, the nine Qings are performing, the Son of Heaven is personally cutting the animals, holding the sauce and feeding, the deacon, the Zhu Yu is in front, and the food is in the back. To the south of the fifth watch, the public enters the ceremony, and the same is true. Tomorrow will be grateful, in order to see the courtesy.
It was the month, the queen and the princesses, the princes, and the wives. The ancestral shrine is silkworm, and the ceremony is less prison.
It is the moon, and the officials and the people are clean on the east flowing water, and it is said that washing and purifying and removing dirt is a great clean. The one who is clean, the words and yang are spread, all things come out, and the beginning is clean.
On the day of the beginning of summer, the night leak is not over for five minutes, and all the officials in Kyoto are red, and the summer clothes are yellow, and the suburbs. Its rites: ancestral hall, sacrificial stove.
From the beginning of spring to the beginning of summer, the county is on the rain. If less. The counties and counties swept away the community, and when there was a drought, the ministers and officials begged for rain with the second salute. Close the sun, the clothes, the earth dragon, the people of the land dance and look forward to the two, seven days a change like a story. Anti-detention Zhu Suoying Society, cutting Zhu Drum. The prayer race is as good as a courtesy.
Worship the ceremony of the crown prince: the hundred officials will be determined, and the confessor will lead the crown prince to sit in the royal palace, in the north, and in the north, and in the northwest, and in the east. After reading the policy, Zhongchang served the crown prince to confer the crown prince's seal. The prince said goodbye, Sanji. The confessor praised the crown prince and a certain minister, and the confessor called the system "may". The three dukes ascended to the upper hall, long live the birthday. Because of the amnesty of the world. After the offering is finished, let's go.
Worship the ceremony of the princes and princes: the hundred officials will be determined, and the confessor will lead the light to Luxun. Before the worshippers, they should sit in wait for their highnesses. In front of Guangluxun, he bowed, raised his hand and said: "The edict is to be so-and-so." "After reading the book, the confessor said that the minister would bow again. Shang Shulang paid the imperial history with a seal. Serving the prehistory, standing in the east, awarding the seal and ribbon. The prince was again beaten by three more. The praiser said: "A certain prince and a certain new seal, a certain prince and a certain first division, thank you." "Thank you. The praiser immediately said: "The emperor is for the public." "Sit down, thank the recipient, and get up. The gift is finished. Cease.
In the midsummer moon, everything is in full bloom. On the summer solstice, the yin qi is sprouting, and the fear is not cf3e. Its gift: Zhu Suo even meat dishes, Mimu Pu Gu Zhong. With a peach seal six inches long, three inches square, the five-color book is like the law, in order to give the portal. Replace it with the decoration. Xia Hou's gold line, as a reed, is also angry. Yin people are virtuous, with snails, and be careful of their occlusion, so that they are like snails. Zhou people are more woody, with peach as more, and their words are more angry. Han used it both, so on May 5, Zhu Suo's five-color seal was used as a door decoration to prevent evil spirits. On the summer solstice, it is forbidden to raise fires, stop charcoal drum casting, and eliminate stone smelting. To the beginning of autumn, such as a story. It is the day of the dredging well to change the water, and the day of the winter solstice. Drill flint to change fire clouds.
On the eighteenth day of the first autumn, the Yellow Emperor in the suburbs. It was five minutes of day and night, and all the officials in Kyoto were yellow. To the beginning of autumn, welcome the air in the Yellow Suburbs, play the palace of the Yellow Bell, the song "Emperor Lin", the crown and the dry Qi, the dance "Yunqiao", "Fertility", so the training is also.
On the day of the beginning of autumn, the night leak is not over for five minutes, and all the officials in Kyoto are dressed in white. After the ceremony, all the clothes are clothed, and the winter is up.
On the day of the beginning of autumn, the white suburbs are finished, and the mighty is raised, and the sacrifice is sacrificed at the east gate of the suburbs to recommend the mausoleum temple. Its ritual: take the Yurong Road, the white horse and the vermilion, bow and hold the crossbow to shoot the livestock, and the animal is a deer. Dazai ordered and confessed one person each, carried by car, galloped to the mausoleum. So he returned to the palace and sent an envoy to bind the silk to give the military attachΓ©. The military attache is a soldier, and he is the ritual of the battle formation and the gift of beheading, and his name is Liu. The soldiers and officials are all grandsons, and Wu's art of war is sixty-four formations, and the name is called Chengzhi. At the beginning of spring, send messengers to bind the silk to give civil officials. The gift of Liu Liu: The ancestral hall Xianyu, the deacon told Xianyu that he had been, and when he was cooking, there was a priest's notice, and he was patrolling and shooting livestock. After getting the car, there is a company to tell the story.
In the mid-autumn month, the county roads are all compared to the people. and he who is seventy at the beginning of the year shall be given the scepter of the king, and shall be fed with weakness. Eighty-ninety, gifted. The king's scepter was nine feet long, and was decorated with a dove. The dove, the bird that does not choke. I want the old man not to choke. It is the moon, and the old man is worshiped in the old man's temple in the southern suburbs of the national capital.
In the autumn month, the ancestral star is in the south of the city.
On the day of the beginning of winter, the night leak is not over for five minutes, and all the officials in Kyoto are clothed, welcoming the black suburbs. After the ceremony, they are all clothed, and the winter solstice is no more.
Before and after the winter solstice, the gentleman is quiet, the officials are desperate, do not listen to the government, and choose the auspicious day and then save trouble. On the day of the event, the night leak is not over for five minutes, and all the officials in Kyoto are clothed, until the beginning of spring. The kings were subdued, and the deacons were all the same day.
The winter solstice, the summer solstice, the length of the yin and yang sundial is extreme, and the slight qi is also born. Therefore, the eight powerful men and eight people, or blow the yellow bell between the rhythms, or hit the yellow bell of the bell, or the sundial scene, the weight of the water, one liter of water, the winter weight of thirteen taels, or hit the chime of the yellow bell, or the drum of the yellow bell, nine feet, twenty-five strings, the palace is in the middle, the left and right are Shang, signs, horns, feathers, or the drum of the yellow bell. The first three days, too Shi Zhizhi. On the solstice, there are four Mengs in summer, and four Zhong in winter, and its breath is extreme.
At five o'clock, Tai Shi Ling and the Eight Powerful Men sat in the left school of the end gate. Dayu has a musical instrument, summer is red and winter is black, the front hall is in front of the west, and the bell is the end. The palace is set up in the south of the instrument, the north is east, the seat is right, the south of the drum is west, and the sundial is northeast. At three moments, the Yellow Gate held troops, and led the Taishi Ling and the Eight Powerful Men into the Duanmen and put them in place. At the second moment, the servants, the Shangshu, the imperial history, and the confessors are all His Majesty. At the moment, take advantage of the public opinion to visit the Xuan, and live quietly to listen to it. Before the Taishi Order, when Xuan slipped to the north and knelt. Raise your hand and say: "Prepare for the eight powers, please act." The system is said to be "may". Taishi Lingji said "No". Standing up and retreating, Gu Lingzhengde said: "You can do it." Zhengde said "Nuo". All rotation resets. Zhengde Li, ordered the eight capable people to say: "Act by time, and the intermittent sound is with the voice." Eight can say "no". Thirty for each of the five tones is the rhyme. Zhengde said: "Combine the five-tone rhythm." "Sing first, five tones together, twenty-five runs, all tones to the tune. Yes, Zhengde said: "The eight almighty people have their own words." "The Eight Almighty Men speak on each bookboard. The text said: "Chen Mouyan said that on the winter solstice on a number of days of this month, the tone of the yellow bell is a good thing to be done, and filial piety is praised." "The merchants, the horns, the levies, and the feathers, each have a board. Otherwise, the Taishi ordered each board book, sealed it with a bag, sent it to the West Majesty, knelt down to teach the book, Shi Dangxuan, the north side Ji, and worship the seal. Shangshu is often greeted and reported. With a small yellow door flag. Taishi ordered the former white salute to finish. The system is said to be "can". Before the Taishi Order, Ji said "Promise". Taishi ordered the eight capable scholars to be gifted by the Taiguan. His Majesty is secondary. The same is true of the summer solstice.
In the winter month, the stars return to the end of the year, yin and yang are intertwined, and the workers and farmers enjoy the wax.
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From the above content, it can be seen that the Book of the Later Han Dynasty does not have a criminal law chronicle, but a ritual chronicle, which is likely to be the Confucian officials at that time who were dissatisfied with the fundamental foundation of "Confucian skin and law" and wanted to make great changes.
After all, the revision of history is often not a personal collection, but a wide range of the world, so even if there is no criminal law in some historical books, there is no doubt that the criminal law will occupy a more important position in the compilation of subsequent historical books.