Chapter 340 is based on the law and severely punished
The legal system of the Qin Dynasty also had the characteristics of "patriarchy", which emphasized that "the laws and regulations should be unified and the people should be the teachers", and the Qin law emphasized the lightness of the crime. ”
"The punishment is heavy, and if one person commits a crime, he should be punished by the nine clans, from these two points, Qin Law still has the characteristics of "law-based, severe punishment". ”
"Therefore, it is not difficult for us to see that the legal ideology of the Qin Dynasty is still dominated by Legalist thought."
Although the Qin law was punished for minor crimes, or even "joint sitting", it abandoned the arbitrariness of punishment in the slave society, and it only punished those who committed crimes, and here Confucianism is again embodied. ”
"The laws of the Qin Dynasty were able to form a relatively complete set of legal codes under the combined effect of Confucianism and Legalist thought."
In addition, the law of the Qin Dynasty "increased corporal punishment, great opening, and there were punishments of chiseling, coercion, and wok cooking", which was not a punishment in previous dynasties, and the punishment was really more than that. ”
"From the perspective of this criminal law, it is inseparable from one person, that is, Shang Ying, his role here should not be underestimated, it is precisely because of Shang Ying's change that the Qin Dynasty was able to grow, so as to unify Liuhe."
"But the same Shang Dynasty reform made the Qin Dynasty stronger, and it was also one of the reasons for the fall of the Qin Dynasty."
"In fact, the Shang Dynasty reform method at that time was very practical for the social form at that time."
"The Spring and Autumn Period and the Warring States Period in which Shang Ying lived were at the beginning of the collapse of the feudal system and the embryonic period of centralization."
"The original system of state ownership of land has been attacked and gradually replaced by land privatization, so the class contradictions between landlords and peasants have intensified."
"In this case, the national strength of the Qin State is the most scarce, and in order to prevent the Qin State from being annexed by the other six countries, Corporal Lixian and Shang Ying took this opportunity to successfully change the law in the Qin State in one fell swoop, laying a solid foundation for the Qin Dynasty to unify the six countries."
"As an outstanding representative of Legalist thought, Shang Ying tended to change the law in the direction of punishment, and even proposed the system of joint sitting, which promoted the status of the ruler through this proposal."
"Shang Ying's reform thought conformed to the social situation at that time, and it was also highly consistent with Qin Shi Huang's thoughts, so Shang Ying's reform thought was perfectly combined with Qin law and implemented throughout the Qin Dynasty."
This once again proves that although the laws of the Qin Dynasty are the product of "Confucianism and law", Legalism is above Confucianism. ”
"Due to the long-term atrocities committed by the Qin Dynasty, it has caused great harm to people's bodies, and it has also caused irreparable trauma to people's psychology."
"In this respect, Qin's law is imperfect, because it does not reflect the humanistic feelings of a ruler, and it treats the guilty as inhuman."
"The Qin Dynasty, as the first feudal dynasty in history, was a stage of transition from a slave society to a feudal society, and he had nothing to refer to.
"Some of Qin Shi Huang's ideas are still stuck in a slave society, and it is normal for his vision to be limited, so although the formulation of Qin's laws is of great reference value to later generations, we cannot deny that it has limitations."
Because of the Shang Dynasty's "method of continuous sitting" and the additional "corporal punishment", the prisoners and their families were greatly traumatized and humiliated, both physically and psychologically, so the Qin Dynasty was given the title of "Violent Qin" by later generations. ”
"The cruelty of Qin's law was not the direct cause of Qin's demise, but it was the main one."
"If it is said that the criminal law led to the demise of Great Qin, it is indeed too one-sided."
"The financial weakness of the Qin Dynasty led to the high standard of taxes levied on the common people during the 15 years of the Qin Dynasty."
"In addition, Qin Shi Huang's book burning and Confucianism incident, the construction of the Great Wall of Qin and the Mausoleum of Qin Shi Huang, as well as the perennial struggle, all cost a lot of manpower, financial and material resources."
"Even if Hu Hai does not ascend the throne, if these problems are not solved, Daqin will still die because the people can't afford it."
"Learning from the past, if a country does not have a perfect legal system, it is not enough to have a deterrent effect, but if the law is too strict, it can cause a country to collapse quickly."
"The last problem is book burning."
"The records of history are all described by the victors, and the historical records of the Great Qin are the descriptions of the Western Han Dynasty, and you can think of the reference value of this historical record, just like the Sui Dynasty and the Tang Dynasty."
"All dynasties from the Han Dynasty onwards have vigorously preached Qin Shi Huang's brutality, cruelty, and recklessness, artificially magnifying the negative image of Qin Shi Huang, and wantonly smearing and scandalizing."
In order to pat the sycophants of the rulers of the dynasty, most of the subsequent dynasties held a completely negative attitude towards Qin Shi Huang in order to promote benevolent government, so that later generations only left the impression of Qin Shi Huang as a "tyrant". ”
"It seems wrong to burn books and pit Confucianism today, but to evaluate historical figures, we must have historical materialism, not from the perspective of today, let alone from the perspective of God, but from the thinking and perspective of people at that time."
"Actually, it is true that Qin Shi Huang burned books, but it was not to burn the books of the world, and it is likely that the Confucianism was smeared by later generations, because it was the warlock who killed."
"Why do I think this is a problem, not a pass, because you are too much to discredit the First Emperor."
"Book burning" and "Confucianism" are actually two different issues. ”
"In the thirty-fourth year of Qin Shi Huang, that is, in 213 BC, Ying Zheng feasted the ministers in Xianyang Palace, and seventy doctors praised Qin Shi Huang in person."
"Zhou Qingchen believes that in the past, the land of Qin was only a thousand miles, but now the six countries are unified, the feudal system of counties and counties is changed, and the peace and happiness of the world all depend on the gods of Qin Shi Huang."
However, a doctor named Chun Yuyue criticized Zhou Qingchen for flattering Qin Shi Huang in person, and even believed that the county system was not good, and he should learn from the feudal system of his predecessors, so as to achieve long-term peace and stability. ”
"So Qin Shi Huang asked everyone to discuss and come up with a solution."
"Li Si believes that the history books of the world should be burned except for the history books of the Qin State and the "poems", "books", and the books of a hundred schools, and a series of punishment measures have been formulated.
Shang Ying also mentioned the book burning back then, to put it bluntly, it was all for the convenience of management, and the so-called "foolish Qian" is to fool the people and not let them know too much, otherwise the Six Nations will be in chaos again, which is not good for anyone. ”
Of course, it is not right to burn books, which has caused a lot of damage to a country's culture, but from Qin Shi Huang's point of view, it is a good way, for his eternal inheritance, he also "collects the world's soldiers". ”
"So, Qin Shi Huang adopted Li Si's suggestion, which is book burning."
"In fact, many books are also left behind and hidden in the Royal Library of Xianyang Palace, but they were later burned by Xiang Yu and destroyed a lot of books."