The Criminal Book System of the Western Zhou Dynasty: The discussion is to systematically and forgive the virtue
December 16, 2020 13:41 Source: "China Social Sciences" December 16, 2020th. 2070th Author: Li Ping

Criminal Book System Start in the Yuxia era,It is hit by the two generations of Yin Zhou。records of the "Zuo Zhuan" Zhaogong six years of uncle "Xia Youzheng to be in chaos and as Yu Xing,Shang has chaotic politics and as soup,Zhou has a nine punishment in trouble "。"Jinshu · Criminal Law" Yiyun,"The King of the Xia Dynasty also the world also,The genus of five punishments is three thousand。Yin Yin in Xia,profit or loss。Zhou people with San Dianbang State,Listen to the people's sentiment with five people,Zuojia and right lung,Everything is melted,The genus of the five punishments is still 2,500 "。Although the Old System of the Western Zhou Dynasty,But change Xia Shangguan and seal,Although the attributes of the world have not fundamental changes,But it has also been integrated into a little "public" quality。Performance in the political concept emphasizes virtue with virtue、Jingtian Baomin、Mingde Shen punishment, etc.,From this triggering the ideological culture of the Shang and Zhou dynasties、System、Drama changes in laws and other aspects。Correspondingly,The use of a typical criminal book as a typical method also changes.,Special judgment methods with the "discussion" and have the function of pardoning the virtue,It is an important way to realize the moral politics of the Western Zhou Dynasty。

Method for trials in the Western Zhou Dynasty,Kong Chuan According to "Lu Xing" "Ming Qi Criminal Book,胥,Xianyi Zhongzheng,Its punishment,The review of its review ",Shi Yun "Dang the criminal of the pity,Respecting the harm of the prison,Mingkai Bet365 lotto review Criminal Book,phase and occupation,Crime,All the way to get the right way of the Zhengzheng "。The common understanding of the present is similar to this。But,The problems existing are obvious: after the Han Dynasty, people are accustomed to applying the legal application and trial model of the Qin and Han dynasty to explain the West Zhou。This causes the uncle to "the first king's negotiations to make the system is not to punish". It is difficult to understand,Because of the meaning of "absence" daily trial with the institutional "absence" of the criminal book。Also because of this,In modern times, there are many scholars who directly reprimand the sign of "discussion" as "human rule",Then place Western Zhou Dynasty on the opposite side of the rule of law。This kind of opinion is whether it is judged itself,I still understand the legal culture of the Western Zhou Dynasty,There are obvious mistakes,Must be correct。

Uncle's "discussion on the matter" is one of the practical plans of the "Mingde Benevolence" principle of the Western Zhou Dynasty,Its essence is the preface "Xian Xiande"。Criminal books have become more symbols and symbols of the pavilion in the judiciary,Signs as regime,The rhythmic "Dazheng torture Book" in "Yi Zhou Book · Taste Mai" is not the same。True use of daily judges,It is normal but not seen in the bearing book and forgiveness。Cases and judgments recorded in several bronze inscriptions provide us to understand the implementation of "pardon" and "virtue".。For example,The inscription of King Zhou Yishi, Zhou Yishi, Dongjia Village, Dongjia Village, Dongjia Village, Qishan County, Shaanxi Province, completely records the trial of a case,The Institute of Institute is to say:

At the end of March and March,Zhou Wang is in the upper palace of Beijing (Xi Shui North),Following the Father of Zhou Wang to make a judgment there。bet365 best casino games Bo Yang condemned herd cattle to violate her previous oath,Dare to accuse your boss and fight a lawsuit。He ordered her pasture to fulfill her vow,See you,Five slaves are also dropped;。Father of Bo Yang pointed at the cow and said: I should have whipped you a thousand times,and give you a punishment; after leniency,Still to play a thousand whip,Torture for exemption; finally decided to amnesty,Five hundred whip,Three hundred bronze。Father of Bo Yang asked the cattle to stand up,No appeal will be made in the future。Also said,If your boss sued you up,I need to give you a sentence according to the law,No more pardon。After the pastoral ox vow,The case was settled under the participation of the officials。Zhou Wang used the compensation to make this bronze ware as a memorial。

Several types of criminal systems and traditional "five punishment" theory in the verdict (ink/黥、劓、刖、Palace、Daqi, etc.) and the redemption can be confirmed。幭、剭 belongs to ink torture,The whip belongs to the official punishment,Penalty three hundred 锊 belongs to the redemption,It is a record of confirming the early legal system that can be proved。This trial is aimed at the cow cow's boss,According to the judgment,The crime of pastoral cattle should be corresponding to the punishment。But Bo Yang did not explain any reason、Basis made a decision for pardon,The whipping is halved and the meat punishment is changed to three hundred。Very obvious,"Pardon" is an experience of "Ende" for the victim。This reflects the institutional rules of the criminal book on crimes and punishment,But in the actual referee, pardon the meat punishment and use the official punishment、Teaching punishment、Redemption has become a normal way of application。This is the implementation of the principle of "caution" in judicial practice with the principle of bet365 live casino games pardon and reducing punishment for the "caution" principle of punishment.。

Similar situations also see the inscription of "Shi Ban Ding" in the early stages of the West Week,The inscription is: This is Ding Yiner in March,Shiqi because many servants of his subordinates do not follow the king to recruit Fang Lei,I sent his award to the influence of this incident to the father of the uncle。Said: "Father of the Poori has been punished、Xianhe Ancient Three Hundred,No really imposed punishment now。"The father of Bo Ji said:" According to law, it should be like those who do not exist with the right of the right,Don't exile now,A fine should be paid to the teacher。”

The father of the Bo Ji here also made two tailoring on the same incident,The previous time was "Yiyi",That is, those who should exile these people who are not collected with the right of the right。After that, it is "No Broadcast today,It has the flag of the teacher ",Meaning to pay a fine to the teacher flag。In this way, the punishment originally exiled was a fine。Like the Father of Po Yang in "匜 匜",Father of the Poori does not need any special reason for pardon。At the same time,The reason for the appeal to the Father's Office is that the previous fine three hundred 锊 failed to execute。That is to say,For the act of "the master and the servants who do not follow the king to the king", there was a judgment.,If inferences according to the words of the uncle's father,"Broadcast" according to the criminal book,But pardon became a fine。

The "Ding Ding" of the Western Zhou Dynasty Kings of the Western Zhou Dynasty, which is widely known as the history of the law history, also provided an example with the pardon。According to the inscription,In the judgment of the East Palace,"Ship" should be a punishment made by the criminal book,But in fact only the physical compensation of "pay",。

The above three inscriptions belong to the different bet365 Play online games times of Western Wednesday,The nature of the case、The identity of the two and the positions of the chief trial is also different,However, the normalized "pardon",It can be seen that this theory should have no greatness in this theory about the system of the Western Zhou Dynasty and the inference with the virtue of pardon。and the reason why there is this mode,I want to come to the policy of Zhou people's "Mingde Benevolence"。According to statistics,The inscriptions of "Mingde Benevolent" mostly appeared in the Chengkang period、During the Communist and Xuanwang period,The so -called prosperous world in the history of the Western Zhou Dynasty、Stability and ZTE era。Representatives include Cheng Kang's class 簋、Division Ding Ding and Da Ling Ding,Master Wang Ding in the mid -Western Zhou Dynasty、Mu 簋、Teacher Tiger、History wall disk、Shi Xun Ding and King of the King of the King、匜,Mao Gong Ding in the late Xuanwang of Western Zhou Dynasty。This indicates that the principle of Mingde Shen's punishment that Zhou Gong emphasized in "Kang Ye" continues to comply with the governor behind him。

exceptions are only found in military cases,As described by Xi Jia (that is, Yin Jifu) in the late Western Zhou Dynasty, he followed the king of Zhou Xuan.、"Xi Jia Duan" inscription on Nanhuai Yi's tribute。"That is punishment" recorded in the inscription,Several unforgivable principles and terms in the "Kangyu" and "Wine" should be taken in the same way。This just confirms from the opposite side that the pardon is the norm,The unforgiving and quantification of the criminal letter is limited to only some special circumstances。Or it can be understood as a big punishment for killing,That is, the political "soldiers" of the five emperors era have differentiated into both ends of military and prison at the institutional Bet365 app download level,But there are still reservations at the concept, especially the ideology,,The meaning is directly associated with the foundation of the destiny, that is, the authenticity of the regime。"Shangshu · Multi -Fang" contained "Democratic Democracy,Nai Da Shixian rests to Cheng Tang,Summer with Xingye "is also a characteristic。But in the Spring and Autumn Period, Cheng Gong、On the occasion of Xianggong,The sentence of the above meaning gradually disappeared in the concept。

The Spring Festival System after the Spring and Autumn Period is still preserved,But the symbolic tendency since the Western Zhou Dynasty also continued。"Zuo Zhuan" Zhao Gong's 14th year of the name of the uncle "Xing Hou's prison,Say it is greedy,Tortured Book,Jinwu is Po Po。Three words and remove three evils,Jia Sanli,Killing Qin Yirong,Judory Yefu "。Zheng Guozi made a casting letter and Jin Guo Zhao Yan、Xun Yin's two incidents of punishment and the criticism caused by at that time,One indicates that the criminal book still has a strong political symbolic function; second, it also shows that the criminal book that has long been separated from daily judicial practice is no longer regarded as a governance basis and means。It is in this context,The Sanjin area has begun to re -establish a new "legal system" to meet the new political and social structure and governance needs。and the torture book system since Yuxia finally ended with the Qin Dynasty unified and promoted the law system nationwide。The Criminal Book System finally disappeared,At the same time, it also means that the "discussion of the matter" mode is no longer used。Of course,All these changes are with the entire world pattern、Political models and social forms and even the drama of ideas and ideas fit。

To sum up,The production of the sentence system、Evolution,Especially the bet365 live casino games way that fits with social evolution and the discussion of the discussion of the Western Zhou Dynasty、In the special judicial strategy of pardoning Xiande,contains many concepts of modern rule of law、System、The method is very different from the present but is enough to maintain the orderly quality of the political and social operation。These jurisprudence theory that urgently needs Sinicization and the judicial concept that has been changed is quite reference value。

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