Defense and Kou He: Interpretation of the Legal History of the Inscription of the Inscription
July 21, 2021 09:47 Source: "China Social Sciences", July 21, 2021, Issue 2212 Author: Li Li

Western Zhou Golden Essays related to litigation activities,That is, "The bronze inscription made to commemorate the lawsuit has pushed the earliest physical evidence of Chinese judicial practice for several centuries"。But,The number of bronze inscriptions on this kind of litigation activity is only a handful of inscriptions (currently not more than 10),Its text is also very difficult to understand,Interpretation of related words and understanding of text,Dearly present,It is difficult to be consistent。Where,Two trial records of this special content and form of the trial record,It has always been the object that researchers of legal system of legal system。

曶 Ding,It is a device in the middle and late Western Zhou Dynasty,More than 200 years ago (1778-1782) was unearthed near Xi'an, Shaanxi Province。The original device is the first collection of Bi Yuan,But I don’t know when to disappear,Unknown falling today。Only Qiqi shape is unknown,But it is speculated that it may be a big tripod with a height of more than 60 cm.。Seeing several pads of the handed down today,There are 6 types of extensions (including 1 type of unclean)。Its inscription is famous for its extremely difficult solution,Three main reasons for investigation: one,The inscription is 403 words (say 404 words?),The length of the length is second only to Mao Gong Ding in the Golden Culture of the Western Zhou Dynasty。Its two,More text damage,Store 380 words today。Especially the lower end of the first half,About two words peel off,No release at all。bet365 live casino games Its three,Can't determine the extent of Bi Yuanzhi's excitement correct。

The 1930s,Legal history scholar Yang Honglie's "History of Chinese Legal Development",Began to restore the inscriptions of the Western Zhou Dynasty civil lawsuit and the "law of the civil law"。Because you can not read Jin Wenshi directly,Therefore, people have to be quoted when people study。Look at today's academic view,The Western Zhou legal knowledge built is not reliable。In the academic history of the study of the inscriptions of the 20th century,The most academic challenging results,It is the preliminary solution of the "change of change in the late Western period of society in the late Western Zhou Dynasty -the preliminary solution to the problem of the problem in the late Western Zhou Dynasty" published by Japanese scholar Matsumi。This article is based on the historical position of the legal system,Solve the difficult problems left over from the previous interpretation and research。The inscription it re -interprets,The context of the development of the case can be clarified,From this to open the visual field of further discussion of the legal system of the Western Zhou Dynasty。Although too much is due to too much word,There are still a lot of questions in the details of the case,But it can be said,Its excellent opinion or amendment to the wrong understanding of previous explanations,Its relevant speculation becomes a problem that is inseparable from the inscriptions related to litigation related bronze inscriptions。

Three paragraphs of the inscription of the Ding Ding,Subject three things,"The Story of the Family in the Western Zhou Dynasty"。and "Based on one book notes and two trial records to form an inscription,It belongs to a special example。and watch its extension,Three paragraphs bet365 live casino games to write for writing,It can be seen that when casting,The form of three parts of independent separate parts is used in the form of one device。And these three parts are from the hand of one person,The same handwriting,It is undoubtedly written uniformly when casting "。"Three stages of inscriptions seem to have no connection,But in fact, it is not in isolated to talk about the affairs of the family in isolated,Instead, we drafted " according to a consistent intention.。The first section of the volume golden text,No obstacles in content。2、Two sections of two lawsuits,In the past interpretation or fundamental errors。

The first inscription,Records 曶 曶 曶 曶。that is: Zhou Wang ordered the hereditary duty of his family generation,Reviewing the corresponding Chiyong City、Qi Jing,Requires to do your best。,曶 Using Uncle Jing to give a copper block to cast this tripod,To sacrifice his father。After the inscription records the record of Zhou Wang's fate,Record 曶 "Gived to Uncle Jing",This is the only way of description in the golden text。Perhaps 曶 just want to use this "special form",to indicate that his "relationship with Uncle Jing" is special。And this "uncle Jing",It is the trial of the case recorded in the second inscription。

Section 2 inscription,Records occur together in the "Five Fu" buying and selling contract between 曶 and "Family" (曶 Sell "Five Fu" to "Family",Price "Bai Ye") The trial process of breach of contract disputes (Matsumaru is called the "Hundred Trip of Unknown Cases")。In the "Different" Uncle Jing, the case。曶 is the plaintiff,His family member was ordered to be the litigation agent,"Limited" (in the relationship of buying and selling,The agent of the seller) is the witness。"Family" bet365 best casino games is the defendant,Effect father (in the relationship between buying and selling,The agent of the buyer "Family") is the witness。曶 曶 said: After the delivery of the "five husbands" is delivered,Only gifts for the establishment of a contract (a horse、A bunch of silk),without receiving "Baizhu"。So,Prosecution of "Family" default,Requires to return "Five Fu"。but,The defendant said that he had paid "Bai Ye"。The actual situation is,During the price payment process ("family" → effect father → limit → 曶),I don’t know which link in which link,"Hundred 寽" is missing and flying,The whereabouts are unknown。If you only look at the testimony,It should be disappeared between "clan" → between the father。But where does it disappear,Just see from the inscription,Unable to dig out the truth。The focus of the dispute in the case is,Whether to pay the price of "five husbands" "Baizhu"。but but,Quite bizarre is,Finally, "Uncle Jing made a verdict that is obviously beneficial to 曶": "Hundreds of 寽 will not be tracked,Wufu returns 曶。曶 thus a thorough victory。"The inscription" The case of the lawsuit passed,Both speaking at the time,Repeated debate,Last fixed,Record with a official document。Its situation,Extremely similar to the Han Dynasty's Book "。Although "The text is brief,But the case of the victor's tone describing the case pass through、Uncle Jing quit (the meaning of nursing), etc.,The description is extremely detailed "。

Third Paragraph Inscription,Drop the trial of the pirate case (Matsumaru called the "Kou He case")。Its idea is: the year and month of famine in the past,Kuangzhizhong、A total of 20 people stole all the ten。So,曶 With Kuang Ji (Kuang's youngest bet365 live casino games brother,曶 Witnesses of one party) sue to the East Palace,Control Kuang。After the case is accepted by the East Palace,Order Kuang to track the arrest and theft.,Otherwise, it will be severely punished。So,Kuang to the crime of rituals,Pay "Wutian" and 3 ministers、1 crowd,Loss of compensation,and declare that it has no direct relationship with this case。曶 dissatisfaction with this,again with the witness Kuang Ji to resort to the East Palace,Persist in request to pay back to the stolen He。Last,East Palace Judgment: Original compensation 曶 曶 曶,Now 10 秭,Total 20。If you still do not compensate the next year,Pack to 40 秭。other,plus the "Erdian" that is paid to 曶、1 minister。Results (therefore the case of stealing He),曶 Congkang's place to obtain "Qitian"、5 people and Kuang all He 30 秭 (in 40 秭,There are 10 秭 曶 曶 曶。This paragraph contains it as "the old Kou He,Different disputes from ordinary Tutian Different Litigation。Although this case is a record of the past,But because of: ① Kuang led the crowd of Kou He ten,It has exceeded the scope of general litigation;,Number of quantities,But in the year of hunger,The case is different from the general。Therefore, this case is sued in the East Palace "。

In terms of historical material,,These three inscriptions are second -hand information compiled by the hand of the player 曶 曶,However, it must have their own books。The first inscription,When an excerpt from the original book,Add the relationship with Uncle Jing。2、Three stages of inscriptions,It should be based on the original document files of the two cases of the two cases,Copy recording of the relevant and favorable related record fragments of 曶。So,If you want to recover the entire case bet365 live casino games of the entire case through these two inscriptions,Even the trial system or proceedings of the Western Zhou Dynasty,It is necessary to consider the objective adverse factors contained in this second -hand historical material。

According to the inscription of the Ding Ding,At least two points can be determined: one,Both "cannot find traces of judicial independence at that time",It is also "difficult to think that only the trial system is usually realized"。Its two,If you stand on the standpoint of modern law,The second paragraph of the inscription is equivalent to the trial of today's civil cases,Among them, litigation agents,But it is not clear to set it under the case。And the third inscription is equivalent to the trial of today's criminal case,And the third inscription is equivalent to the trial of today's criminal case。When the negotiation is not successful,The judge only issued the final judgment。It is just impossible to confirm whether this "negotiated solution" session is a procedural in the lawsuit。

"Five Fu" buying and selling breach of contract,"Disputes that happened between the nobility and emerging landlords","Sample the state of social change directly"。"Kou He Case","It can also be considered a dispute between the ruler of the nobility",From this "can be imagined,曶 is also closely related to the East Palace "; and through this case," it can be found that in the second half of the Western Zhou Dynasty,Economic combination with non -blood relationships,Before the binding of the blood margin,The clan binding to the edge of the collapse "。From this two lawsuits,You can see "as one of the Western Zhou society on the eve of the change"。

Ding Ding is a sacrifice,The nature of its inscription,"It is undoubtedly standing on your own position,Both of the two litigation cases ended in the victory bet365 live casino games "。"Show off the inside and outside,Widely spread that the relationship between 曶 and the power of the dynasty is closely spread,Isn't this the real purpose of the asterior? "and then,"On the back of such exaggerated authority,Actually reflect the uneasiness and anxiety of the ruler's feelings of the quiet approaching society,Reflecting the fear of emerging forces。It is this mood,prompting it to make a special and long inscription "。

  Bet365 app download

Editor in charge: Zong Yue
QR code icon 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games
Video

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com An Bei 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026