[Facts and judgments] The last year of Cao Wei，Sima Yi's eldest son Sima Shi auxiliary government，No Qiu frugal conspiracy against failure，According to Wei Lu as the punishment of the "Three Trunies"，The wife of Qiqiu Dadian, the wife of Qiutian, is also in the bonus of the strail。But the family of Xun family has an in -law relationship with Sima Shi，Therefore, the Emperor Wei Emperor above，Request to preserve the life of Xun's family。The emperor then quit Xu Xun's divorce and Qiqiu Dian，Not received by the plant。Buqidian and Xun's also have a daughter without Qiu Zhi，At that time, Liu Ziyuan, a prince of Xichuan, was married to his wife，and pregnant，"Presentation of Pregnancy" ("Jin Shu · Criminal Law"。Press: Lower Jinzhi original text，Use only quotation marks，No longer indicates the source)，Also sitting after sitting。Mother and daughter love deep，荀，"Seeking nothing as an official，With the life of Shimin "，At the cost of not being an official，Please open for the daughter。He Zeng Unbearable，Then the main book of the main book, Xian Xian, and the reason that Qiu Zhi should be changed to the judgment, etc.。The core meaning is as follows。

First，Emphasize that Cao Wei's punishment should follow the principle of light and light weight，Both the concept of Confucian "caution"; second，It shows that the social norms of women at that time were still "three followers"，That is "from the father at home，Married Congfu，Husband Death Congzi "，I can't be the master，"There is no way of self -college"; third，After the woman gets married，Ben funeral for parents，To reduce the service，From the side, she has been married from her husband，The person of the husband's family，The identity of a woman in the room (referring to a woman in the word girlfriend); fourth，Specific to other major cases that encounter similar cases，My daughter has married，is his wife'bet365 Play online games s wife，If you have offspring，will become the mother of other families，But this is ignored by the first evil family。Only because of this layer of relationships ignored by parents，​​But to kill the wife of the innocent marriageman、An important person like mother，It is not enough to punish the source of rape in terms of prevention of crime，It is reasonable to hurt the heart of the filial son。The man is not convicted by his family's behavior，The woman has to be killed for the behavior of the two families，This is really not a sad woman、The behavior that the legal system should be implemented by the legal system。Based on this，Eventually the emperor's "There is a rule of the rules"，But no final judgment conclusion。Therefore Qiu Zhi is exempted from the death penalty，But is it exempt from other punishment，It is unknown。

[Case Evaluation] First，The core connection point of this case is "the Daughter of the Out"。Although this case involves important historical events that are not frugal and rebellion，But the protagonist of the controversy is two women under the leadership of the patriarchal，In particular, the ownership of the identity of the "existing daughter" of Wuqi Zhi，That is, if she encounters a clan punishment，When the father (family) or husband (mother -in -law)，Or is it both? This triggered how the relatives involved in the ancient Chinese sitting system should be determined，This is the unique place in this case。The root cause of this problem lies in the subtle position of the daughter of the existing daughter，She is both the connection point of the relationship between the father -in -law of the father and husband，It is also an important means to expand the family network other than fertility。Ancient society in familyism first，Even the daughter of the exit，In the economic and social sense, they occupy a very important position，In the economic and social sense, they occupy a very important position，It is also a problem。Fiting system has already positioned the daughter of the exudes as "connection point"，Social attributes that Bet365 lotto review the father who is about to marry a daughter and husbands will naturally go as a legal attribute。As far as its blood and surname are concerned，Being a father; the result of the combination of marriage is the husband of the husband，The Old Fit Siter stipulates that it will bear the father、Double responsibilities of husbands。The scope of the scope of the punishment object of the expansion setting is the ancient Chinese severe punishmentism、The legal manifestation of the criminal policy of deterrentism，At this time, the principle of "Sinners Nothing" has already been thrown out of the clouds。

In this case，He Zeng because of the daughter of the sorrowful pity，Let the master book Cheng Xian play。Its discussion aims to get rid of the case，Li Chen should peel off its legal attributes from the intersection between the daughter and the father and the father.，It is discussed according to the spirit of Confucian "cautious punishment", "three followers" and "mourning mourning"，Quite the characteristics of the times。In particular, it is pointed out that the existing fate is in legal design，"Men will not offend his family，and the baby girl slaughtered in the second door，If you are not sorrowful, we weak，蠲 蠲 "。Its inequality is obvious。Reduced the scope of the tribe torture，It is also the Confucianism of Sima's Confucianism being widely recognized by society，Reflects of rationalization of ethnicity。

2，Fate of the daughter in the tribe punishment is the core legal issue of this case。Criminal system of tribe Zhao Zhao from the ancient times，Is the derivative of the family's principle。Not to mention the three generations of "killing", "no preparation of death", "sinners" and other torture，"Historical Records · Qin Benji" also has "(Wen Gong) 20 years (746 years ago)，The Crime of the Three Ries at the beginning of the Fa "。Criminal punishment has its own historical origin and social and cultural background，It is the product of Confucianism.，If personal behavior is given to the family's meaning，The so -called "one honor is glory，One damage is damaged bet365 live casino games "; the theoretical theory of the legalist to help deterrent punishment，He hopes the deterrent effect of "killing one hundred" and "punishment"，is the legal basis for its implementation。

Criminal punishment is based on the common role of Confucianism and law，The fate of the daughter in this case shows that the trend of the historical trend behind it is。Cheng Xian's daughter who has been out of the legal relationship should be the basis of the husband's clan obviously returning to reality: First of all, the painful daughter and the elder father、The common plant of the two families of the husbands，This is the connection point of the revitalized social network，But indirectly becomes a sufferless legal victim，Lead "one person，Unreasonable legal status quo of the unreasonable legal status。More，Although the daughter who has been out of the evil family is ignored，But as a wife and mother at the husband's family，Playing a very important family role，But the family network that has been pulled away from this new weaving and is still growing，This punishment does not have the prevalence of prevalence that should be used in junction、Special deterrent effect with effect; reasonably hurt the heart of the filial sons。Last，Emphasized punishment should be "sorrowful and weak"，Different women who are out of the strail，Both ethnic groups，It is really unfair。There are some discussion of modern equalism and feminism in this belt，It also extended the idea of ​​the scholarly class at that time for the "response law" -legal Confucianism。

third，On the occasion of the Wei and Jin dynasties，The Sima family of Gao Yang Confucianism replaces Cao Wei and the situation of unification of the world is gradually becoming，Confucianism at the legal level。This case belongs to the penetration of Confucianism and reason、Typical cases of reform of criminal law，In the inheritance and changes here, you can take a glimpse of the Confucianization of the law。

First，"Quasal Five Series" and how to "make crimes"。The gift of five clothes is born from funeral，It is the etiquette of Confucianism bet365 Play online games most seriously chasing the far away，Far -influence。The important argument for Cheng Xian's argument that the daughter who has been returned to the husband is the gift of five clothes，The daughter who has been taken out in the father is reduced，Different from the girl in the room，Re -division of family relationships，Marriage Congfu。The daughter who has already added the obligation of the husband's relatives，Decreased the standard of fatal funeral。Based on this, you can measure the daughter and father of the existence、Aliene relationship between relatives of husbands，and then become an important scale for legal evaluation。Although it is still far from the "quasi -five suit"，But the system has become the legal trial basis that can intervene in specific cases，It has enlightened the law of Confucianism in the future。

Next，"Three Cong" meaning and changes in the sitting system。Cheng Xianjue advocated "Women have three righteousness，No self -sophisticated way "。This meets the requirements of Confucian etiquette，It also shows that Chinese law has been since the Confucianization of the Chinese law，Women still have only "negative autonomy" -Sthef at home、Married Congfu、Husband Death Congzi。But the meaning of the "Three Consistence" in this case has been from the problem of mourning、The principles of the legal identity and legal liability determined by the ritual norms of etiquette and morality:。This clarifies the accurate positioning of women's legal identity，No longer mixing "Yizhi" with "blood relatives"，Then form a "secondary sitting"，Expand the range of the plant，This has promoted the civilization of the sitting system。

Last，"Eight Agreement" hidden containers。Discussion、Therefore、Xian、energy、Gong、Gui、Qin、The eight systems of the eight kinds of people from the eight people originated from the eight pests of the Western Zhou Dynasty。The Han Dynasty may have appeared partly，Emperor Cao Weiming put into "New Law"，And the law of the law system after the Sui and Tang bet365 live casino games dynasties。It is used as a principle of application for punishment，It is Confucian and loved each other、The embodiment of the orderly and orderly thoughts，It is also in line with the concept of not being punished。In this case，The brothers of the Xun family and the real power figure Sima Shi is indeed an in -laws，But after all, it is blocked by Wei Lu，Therefore, I specially on the Table of Emperor Wei，can "listen to divorce"，Exempted punishment。It shows that the implication of the hidden container is the best，The result of the integration of the privileged class and the family blood relationship，Also with the order of the Confucian ceremony，It is an example of the alive case of the Confucian spiritual penetration。

Look at this case，Except for the Wei and Jin Dynasties of the Fengyun Association，The handling of the parties is involved in the famous Menwan family and even the Sima family，There is another colorful world。First，Chinese traditional legal world of rare women's perspective。Chinese traditional law is a power based on the power of male survival experience and knowledge -the background of the knowledge structure。This case is not only the key connection point is women，and the case of case cases is also closely linked to its legal status and legal role。Although it is inevitable that people are still described as "male criminal justice dominated by men for men"，But after all, it is designed for women、Assistance，It is a natural exposure to a certain degree of spiritual civilization to a certain extent。How many leading us to stand on a very rare female standpoint and think about whether the appearance of the traditional Chinese legal world is a single "Masculine" characteristic，At least the historical book also leaves dead water。Second，Map of the deep truth of Chinese society。Historical experience indicates，There is never so -called absolute fairness and equality in the world。In this case，荀 is the Wang family，The brother and Sima Shi are in -laws，This is the essence where it is in the counter -Qiqiujian bet365 best casino games counter -case，Although it does have a mournful place。If you change it to ordinary people，How can you do it? Although some people are still being kind and kind in my heart，Pursue more fair、Equality、The world of civilization is unremitting efforts，Cheng Xianzhan's discussion among this，He Zengye is like。So，This case reflects the commendable valuableness of people's hearts。At the same time，It can be found that the so -called "familyism" in Chinese history is not a simple and flat concept，Among them, it contains the interaction of multiple systems and concepts; it can also be made from law、Judicial operation and other specific links Observe the many principles related to the family to the legal system，To deepen our understanding of traditional Chinese law。

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