Chapter 116: The First Code
This most unfavorable wedding later became the happiest wedding in the entire Kyushu continent. The two of them grew old, both lived past the age of 100, and together they conceived three sons and four daughters. Among them, the eldest son inherited his throne, and the second son was known as another god of war in the Kyushu continent. The third and fourth sons also became princes and were the pillars of the state. The eldest of the three daughters married the eldest son of Ba Niu and became queen, and the second and third daughters were also named Lady of the Commandment. Their descendants have also become famous ministers of all eras. Among all the founding heroes, this is unique. Especially the relationship between the two people has always been very good. All the famous ministers have three wives and four concubines, but Liu Xilie does not, and since they got married, there has been no unsatisfactory thing. At the same time, Liu Xilie's personality has also changed a lot, although sometimes he is still as stupid as before, but he no longer acts arbitrarily, and everything is restricted, which has to be said that Liu Yiyi does understand human feelings better than Ba Niu.
After the military reform, the first legal code of the Akiyama Peninsula was born. It is mainly divided into two parts, one is civil law and the other is criminal law.
The civil law is mainly a code of criminal law, among which there are many civil laws and regulations in the categories of household law, such as land and house, marriage, money and debts, and market.
In terms of property ownership, the principle of emphasizing pre-occupation was established, and in order to develop agriculture and ensure the use of land, it was stipulated that all abandoned land would be owned by the pre-occupying cultivators, and even if the old owner returned, he would lose the ownership of the land, and could only request the return of the house and grave. If a private property is recognized, half of it will be given to the person who has found it, and half of it will be given to the person who has lost it, and if no one has recognized it within 30 days, all will be given.
Strengthen the legal adjustment of economic relations. In the household law, there is a special law on money and money, stipulating that treasure money (paper money) and copper money are used together, and violators are punished with rods.
According to the tax law, in order to ensure financial sources and increase treasury revenue, the Ming Dynasty government imposed municipal taxes and customs duties on goods in accordance with the law, and stipulated criminal liability for those who evaded taxes.
Salt law and tea law, salt and tea are important sources of financial revenue of the feudal state, so as early as the Western Han Dynasty, the feudal regime implemented the salt and iron official law, and the Tang Dynasty began to monopolize the monopoly of tea in the hands of the government, the Ming Dynasty government inherited these traditional policies, and also strictly prohibited the sale, private salt, and private tea.
The main content of the market law is that the buyer and seller are not allowed to control the action, and it is not allowed to compare the price with the price to confuse and make profits, and it is not allowed to make weights and measures privately or its cheating increase or decrease, the offender is sixty rods, and the craftsman is guilty of the same crime, if the goods sold are shoddy, they are counterfeit and true, and they are flogged fifty, and their things are put into the official.
The criminal law includes five punishments: answer, rod, imprisonment, exile, and death. Ten evils: rebellion, rebellion, rebellion, rebellion, injustice, disrespect, filial piety, injustice, civil strife; Eight discussions: discussion of relatives, discussion of enemies, discussion of merit, discussion of merit, discussion of merit, discussion of ability, discussion of diligence, discussion of nobles, discussion of guests, and several volumes of each law of the six parts. In addition, compared with the previous generation of laws, the law has added a traitor clause.
Five punishments: flogging, a light punishment of hitting a prisoner on the back, buttocks or legs with a bamboo or wooden plank, is designed for minor crimes, or as a reduced sentence. It was already widely used during the Qin and Han dynasties. Emperor Wen of the Han Dynasty abolished corporal punishment and stipulated that the punishment was changed to 300 flogging; The beheading of the left toe (cutting off the left foot) was changed to five hundred flogging, and many of the criminals were flogged. Emperor Jing of the Han Dynasty presided over the re-establishment of the law and decreed, changing Emperor Wen's punishment of 300 floggings to 200 flogging; The left toe was cut off with five hundred, and the flogging was changed to three hundred. He also promulgated the "Edict", which stipulated the size of the cane, made of bamboo boards, flattened bamboo joints, and could not be replaced, which made a big step forward in the reform of the penal system. After the formation of the new five-punishment system, the punishment of flogging was gradually determined, with ten as one degree, divided into five degrees, that is, from ten to fifty strokes.
Cane punishment
It refers to the punishment of beating the back, hips and legs of a prisoner with a large bamboo board or a large wattle stick. "Shangshu Shundian" has the saying that "whipping is an official punishment, and pounce is a religious punishment". Later, as a punishment, the rod is said to have followed the meaning of the teachings and admonitions of the ancient father beating his son, so the ancients also called the punishment of the cane a punishment. The origin of cane punishment is also very early, and the Han, Wei, and Jin all had the punishment of whipping. The Sui Dynasty abolished the flogging and replaced it with a cane. The Sui cane punishment is divided into five grades: sixty, seventy, eighty, ninety, and one hundred, and those who commit more than fifty lashes will be punished with the cane. Because of the Tang, Song, Ming and Qing dynasties, the cane punishment was also divided into five grades, all of which were divided into five grades, that is, from sixty to one hundred.
imprisonment
The penalty of deprivation of liberty and compulsory labour for a certain period of time. As early as in the "Zhou Li", there was a record of imprisonment: "Si Yuanzhang collected the education and dismissed the people." Whoever harms others...... Let it be taught by deeds, and those who can change will be given up for three years, two years for the middle sin, and one year for the next sin. After the Spring and Autumn Period and the Warring States Period, the use of prison sentences gradually increased, and there were more than the combined use of corporal punishment. There were many prisoners in the Qin Dynasty, most of whom were slaves of the government. There are a large number of records about "Hou, Sikou, Lichen Concubine, Ghost Salary Baican, Chengdan Jia" and other records in the unearthed Qin Dynasty bamboo slips, which belong to the category of early imprisonment.
After Emperor Wen of the Han Dynasty abolished corporal punishment, the sentence was gradually determined and the term of imprisonment was gradually shortened. By the time of the Sui and Tang dynasties, the sentence of imprisonment officially became one of the five punishments, and the sentences were divided into one year, one and a half years, two years, two and a half years, and three years. The sin was imprisoned in a local prison and worked for the local government. By the Ming Dynasty, those sentenced to prison would be sent to other provinces, where they would be subjected to hard labor such as iron or salt making for a determined period of time. "The apprenticeship shall be according to the number of years of imprisonment in the prison, and shall begin on the day of arrival at the allotment, and those who are issued salt shall fry three catties of salt every day; Iron smelters, fry three catties of iron every day, and end another class. ”
Exile
In the traditional Chinese legal system, exile is one of the five punishments alongside flogging, caning, imprisonment, and death, which is above the prison sentence and below the death penalty. The appearance of exile can be traced back to the Yaoshun period. "Shangshu Shundian" has a record of "five punishments for wandering", and stipulates that "five streams have houses, five houses and three residences". It is rumored that Shun fought with the surrounding tribes, and after the victory, "the flow worked together in Youzhou, put the donkey in Chongshan, channeled the three seedlings in the three dangers, died in Yushan, and the four sins and the world were salty." "Han Law" was changed to migration, and it was divided into distant counties and border areas. The Six Dynasties changed each other, and the Northern Wei Dynasty began to elevate exile to the main punishment, between death and imprisonment, but it was not divided into ranks. The Northern Zhou Dynasty was bound to the "Zhou Li", which was divided into five classes according to the distance of the Daoli, starting from 2,500 li from the distance from Huangji, and each additional 500 li was the first class, which were respectively guard clothes, important clothes, desert clothes, town clothes, and vassal clothes, and they were whipped according to each other, and the number was different. The Sui Dynasty was set as a third-class stream, with a flow of 1,000 miles, a flow of 1,500 miles, and a flow of 2,000 miles. Tang changed to 2,000 li, 2,500 li, and 3,000 li. Song because of it. Yuan changed its method, changed to flow Liaoyang, flow lake, flow north. The Ming and Qing dynasties changed from the Tang law, and the third-rate and added a hundred rods. In order to solve the first-class status of exile and death, the Ming Dynasty created a military punishment, and the Qing Dynasty had a dispatch punishment, all of which were deformations and supplements of exile.
death penalty
The heaviest of the five punishments, known as Dabi in ancient times, is also known as capital punishment and life punishment, which is the punishment that ends the life of a person who commits a crime. Since the Sui and Tang dynasties, the statutory death penalty of beheading and hanging is the main punishment, and the beheading of the beheader is in a different place, and the hanger can save the body, so the beheading is heavy and the hanging is light. During the Ming and Qing dynasties, internal and external capital offenders could be divided into two categories: executions and imprisonment according to the severity of the crimes: those who were sentenced to death, the superintendent and the governor recorded no injustice, the legal department reviewed the investigation and made a decision, and the report was heard and the ministry document arrived, and the execution was carried out on the same day; Prisoners who are on probation and are not immediately executed shall be temporarily detained until the autumn trial or court trial, and then they shall be dealt with separately according to the specific circumstances. In addition to plotting rebellion and rebellion, the system of "autumn and winter execution" is implemented for ordinary death row prisoners, that is, ordinary death row prisoners must be executed after the autumn frost falls and before the winter solstice.
Ten evils: rebellion, "conspiracy to endanger the society", that is, to try to overthrow the rule of the feudal dynasty.
Plotting against the Great Rebellion, "it is said to plot to destroy the temples, mountains and palaces", that is, to plot to destroy the emperor's family temples, ancestral tombs and palaces.
(3) Conspiracy to rebel, "it is said to be a plot to betray the country from hypocrisy", and the laws of the Ming and Qing dynasties were changed to "it is said to be a plot to betray one's own country and abscond, that is, to conspire to betray the country.
"Evil rebellion" refers to a person who beats and murders grandparents and parents, uncles, aunts, brothers, sisters, maternal grandparents, husbands, grandparents, and parents. ”
"No" refers to the extermination of humanity, such as killing a family of three, and the person killed is not punishable by death; or murder by dismemberment; or using the method of poison in an attempt to poison people to death.
Great disrespect refers to words and deeds that are disrespectful to the emperor, such as stealing items used in the emperor's sacrifices or items worn by the emperor daily, stealing or forging the emperor's seal, making mistakes in preparing medicines for the emperor, mistakenly violating food fasting when cooking for the emperor, not being able to build a safe car or ship for the emperor, cursing the emperor, and treating the envoys sent by the emperor rudely.
Unfilial piety refers to disobedience to immediate family members, such as accusing or cursing grandparents and parents; Grandparents and parents who are living in different places (separated) are not allowed to provide for them; When parents are mourning, they marry and have fun, take off their mourning clothes, and change their auspicious clothes; When I hear that my grandparents and parents are mourning, I don't mourn; Falsely claiming that grandparents and parents are dead.
Disharmony refers to the murder or betrayal of relatives at or above the level of hemp, or the beating or accusation of a husband, a senior or a minor meritorious relative (see Uniform System).
Injustice, "means killing the lord of the house, assassinating the history, the county order, seeing the teacher, and killing the officials of the headquarters above the fifth grade; and hearing the funeral of the husband, hiding and not mourning, if he is happy, he will be relieved and obedient, and he will remarry. ”
Civil strife, "refers to the adulterous relatives, fathers, grandmothers, and those who make peace." ”
Eight discussions: the discussion of relatives, that is, the relatives of the emperor and the country;
Discussion of the past, that is, the old of the emperor;
Yixian, that is, a person with high moral cultivation;
Discussion, that is, people with outstanding talents;
Meritorious service, that is, a person of outstanding merit;
Yigui, that is, officials of the third rank or more and those who have the title of one rank;
Deliberation, that is, a person who is diligent and hardworking;
Guests, i.e., descendants of former monarchs who are honored as state guests; [1]