The significance of the combination of etiquette and law in treating crimes based on the Han and Wei dynasties' clothing system
December 08, 2020 09:32 Source: "Chinese Social Sciences Journal" Issue 2064, December 8, 2020 Author: Chen Pengfei

The Han and Wei dynasties governed the world with filial piety,Mourning etiquette is widely used in education、In legislative, judicial and other social governance activities,Xunzi’s new Confucian thought of “promoting rituals and emphasizing law” has been pioneeringly applied,And has accumulated a lot of experience and wisdom in good laws and good governance。

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The uniform system is the mourning dress system in ancient China。It is based on kinship,Differences in mourning period and texture of mourning clothes,Death confirmed、Qi Shui、Great work、Xiao Gong、Fifth-class clothing and corresponding mourning behavior regulations。According to "Zhou Rites", there are about 120 types of officials involved in the management and supervision of funerals;Contained in "Etiquette·Mourning Clothes",The clan members “live in different places but share the same wealth,If you have more, return to your sect,Insufficiency is the basis of talent”,The uniform system has become the glue of Zhou people’s clan economic and political life;"Zuo Zhuan" can also be seen everywhere in the records of the use of uniforms to punish people, big and small, who were praised, criticized or even severely punished because of relatives' infringement or mourning.。When Xiaozhi in the Han Dynasty provided a broad political stage for the promotion and application of uniforms,Social governance functions can be fully brought into play。

The clothing system and crime in Han and Wei dynasties formed a comprehensive measure to govern society with etiquette and law。The judgment of crime based on the service system is based on the standards of service classification based on kinship, superiority and distance,Conviction and sentencing。But,Because the word "sin" is illegal in ancient China、Fault、Punishment and other meanings,Therefore, the crime of obeying the uniform includes not only using the uniform to restrict relatives from sitting together、Criminal Justice Activities in Dealing with Relative Offenders,Also includes official mediation、Activities to try family disputes and educate and admonish clans in the countryside。The early Han Dynasty promoted filial piety,Divided by the filial piety and Litian decree bet365 live casino games to reward farming、In addition to restoring social order,Continued to issue edicts restricting relatives from sitting together,Easing social conflicts。The "Three Chapters of the Covenant" by Emperor Gaozu was intended to eliminate the Qin's torture method,In the first year of Gao Hou (187 BC), the imperial edict was issued to “eliminate the crimes of the three ethnic groups”,Emperor Wen issued an edict to “eliminate the practice of collecting money and sitting on the throne”。To Emperor Wu,“Father and son hide each other” has become a judicial principle;In the fourth year of Emperor Xuandi’s Dijie (66 BC), the edict of “Kissing a relative requires the Prime Minister to hide” and later government decrees and measures theoretically restricted the joint sitting of relatives、Legalization and normalization。At the same time,Another legislation passed、Justice、A combination of education and education to prevent and regulate violations of etiquette between relatives。"Wooden Slips Unearthed from Han Tomb No. 6 in Yinwan" shows,Only Donghai County had "three elders and thirty-eight people in the county" in the late Western Han Dynasty,Three old men and seventy people in the township",“Two thousand eight hundred and twenty-three persons over the age of seventy have received the rod”,Assist county and county officials to resolve clan disputes in the countryside、Strengthen etiquette and law education。Visible,The essence of criminalizing the uniform system is a pioneering work in the society governed by etiquette and law in the Han and Wei dynasties。

This social concept and measure of combining etiquette and law promotes the formation of a social atmosphere of filial piety and love for relatives。Middle and late Western Han Dynasty,Jia Yi records "killing father and brother" in the early Han Dynasty,Stealing temple utensils” “The woman doesn’t say anything”,The remaining customs of the Qin Dynasty of "turning back and forth" have basically disappeared。Middle and late Eastern Han Dynasty,Filial piety to parents has become as sacred as religion,So much so that a filial son serving his parents moved the robber to give up doing evil,There are such records in "The Book of the Later Han Dynasty" and "The Chronicles of the Three Kingdoms"。Brother and brother respect、Respecting teachers has become a common practice。

The Han and Wei dynasties made a major institutional breakthrough in discussing the crime of clothing system,Promoting the formation of ultra-stable social structure in ancient times。Bet365 lotto review A large number of facts shown in official history and unearthed bamboo slips,In the middle and late Western Han Dynasty, service has become a restriction on relatives sitting together、Conviction and sentencing standards for dealing with relatives who violate etiquette;To the late Eastern Han Dynasty,All edicts involving mourning attire、Legislation、Rules and sentences、Revision、A large number of judicial cases and academic achievements have formed a strict logical chain,The principle of "subduing the crime of obeying the uniform" that can be proved was established at the latest in the first year of Jian'an (196) when Shao revised the law。Ying Shao’s revision of the law is the most comprehensive revision of the law in the Eastern Han Dynasty,Cao Wei's "Jia Zike" and Jin's "Taishi Lv" are mostly determined by the deletions of their revised laws。This marks a major institutional breakthrough in the integration of etiquette and law in the crime of uniform service。The long-term operation of this system maintains the privacy rights of relatives,Avoiding the tearing of family ties caused by conflicts between relatives,Eased social conflicts。With the deepening of uniform education,Be sensible and filial to parents、The social customs and national characteristics of loyalty and law-abiding were formed during the Han and Wei dynasties。In "The Analects" "He is also filial to his brother",Those who are prone to offending,Xianyi。Not easy to commit,Those who like to cause trouble,Unprecedented” political design has also been realized,Family governance leads to the formation of Cathay Pacific’s “family-country integration” social structure,Laid the foundation for the ultra-stable society in ancient China that lasted for nearly two thousand years。

The crime of obeying the system promotes the integration of laws and scriptures,Has a profound influence on ancient Chinese legislation and judiciary。In judicial activities in the Han Dynasty, laws and regulations were often interpreted based on family affection and subordination,Integrating the classic meaning into the law,Maybe the quoted classic chapters and sentences have a legal nature,The decision-making ratio formed by deciding cases became an independent legal form in the Han Dynasty。This promotes the comprehensive integration of etiquette and law,Also promoted law revision or legislative reform。When hearing a case or mediating a dispute,In addition to finding out the facts,It must also Bet365 app download be considered comprehensively based on the level of service and the meaning of the system,The judicial model of “paying equal attention to service and facts” has been formed。This model has also attracted the attention and training of legal talents with "both economics and law"。

  Etiquette value

During the Warring States Period, Xunzi was the first to mention “promoting rituals and emphasizing laws”,Governing society with "etiquette and law"。Since then, etiquette has experienced a history of separation and integration。The two Han Dynasties absorbed the Qin Dynasty's separation etiquette、Lessons on quick death through torture,Take the lead in integrating family ties and laws and regulations through comprehensive management measures of service system and crime,The principle of "submission of uniforms and suppression of crimes" has also become the basis for the political governance of imperial power in subsequent dynasties、The standard of maintaining etiquette and order。The principle of "prescribing five observances to control crimes" in "Taishi Code" is actually "obeying the codes of Han and Wei" stated in "Book of Jin·Criminal Law",Among the 502 articles in "Tang Laws and Regulations", 182 articles or regulations involve the crime of obeying the system,"Song Xingtong", "Ming Dynasty Laws and Regulations" and "Qing Dynasty Laws and Regulations" all inherited the contents of Tang Law。The crime of uniforms has a profound impact because the etiquette value contained in them has been passed down。

The clothing system of Han and Wei dynasties has adjustment rituals、The methodological value of law。In the early Han Dynasty, "examining the laws of Qin Dynasty",Choose the one that is suitable for the time" ("Hanshu Criminal Law Chronicles"),And through the Spring and Autumn Period, the classic meaning of uniforms was injected into the cold Qin law。Afterwards,The doctrine of uniforms has gradually become the spirit that governs relevant laws and regulations,Etiquette involving family relationships、Method Fusion,And set an example for the comprehensive integration of Han and Wei rites in terms of social governance effects。The service system and the crime system formally adapted Zhou rites and Qin law,Connotationally brings into play the educational and preventive function of etiquette and the punitive function of law,Creative application of Xunzi’s “ritual and law” thought on governing the country,Opened the Adjustment Ceremony、The methodological path of legal relations,bet365 live casino games For the "Tang Code" representing the Chinese legal system, "Yi Zhen Hu Li"、The use of punishment to equalize" provides an effective path。

The crime of serving uniforms contains the values ​​recognized by society。The crime of the Han and Wei Dynasties’ clothing system was purified while purifying the folk customs,It also promotes the continuous enrichment of the theory of filial piety。The "Book of Filial Piety" written in the Han Dynasty obviously expanded the scope of pre-Qin filial piety,“Filial piety,Zhongyu Shijun,Zhongyu Shijun,Finally established”。Dong Zhongshu in "Spring and Autumn Fan Lu" is not limited to the "equal difference" of Zhou etiquette, filial piety and love for relatives,Based on the "old, my old, and the old of man" in "Mencius",You are young, I am young, and people are young” explains filial piety,Propose "fraternity" benevolent policy。So,Under the rule of filial piety, filial piety and love for relatives、Knowing kindness and valuing justice、Integrity、Advocating etiquette、Loyalty to the King and Serving the Country and Other Folk Customs,It becomes the ethnic identity、Social recognition、Values ​​of national and national identity,Connecting the ancient political identity and filial piety cultural identity。

The crime theory of uniforms in the Han and Wei dynasties also has the legal philosophy value of private rights moderately confronting public rights。Although ancient China lacked modern rights concepts,But the Han and Wei dynasties restricted relatives from sitting together,To the greatest extent possible, the concept of "father, son and brother" explained from "Shang Shu·Kang Gao" in the Spring and Autumn Period was realized,Principles of "the crime is irrelevant" and "the evil shall stop itself",Limits the connection of public power to individuals;"Kissing a relative requires the Prime Minister to hide" limits the infringement of private rights caused by relatives' accusations of rape and forced testimony,In fact, it started the legal history of legal and moderate confrontation of private rights against public rights in ancient China。

  Contemporary transformation

、Defects such as crimes of entering and leaving persons,Therefore, the laws were revised in the late Qing Dynasty to abolish it。Although there is no system of mourning clothes and the crime of wearing such clothes today,But the family relationship still exists,Elderly Care、Production analysis、Inheritance、Divorce、Family disputes such as child custody bet365 best casino games and education and domestic violence are still social issues worthy of attention。Therefore,Experiences in regulating pro-government and stabilizing the state by subjecting the system to crime、Value and the legal resources contained therein,Still has reference significance。

Resolving current family or family disputes,First, we must strengthen traditional family virtue education。Compared with ancient patriarchal society,The personality rights of modern family members can be demonstrated and independent;But the core of personal rights is personal dignity,Only with a noble personality can you fully realize your personality rights。Family is an important environment for personality growth and shaping,Only filial piety and love for relatives,Ensure mutual respect for personal rights among family members,Realizing family harmony,Only in this way can we lay a moral foundation for the realization of legal personality rights in society。Second, we must pay attention to grassroots family mediation。The patriarchal society has been disintegrated,However, the function of traditional clans and villages to mediate family relationships cannot be ignored。Family disputes are not simply legal issues,It also involves emotions、Human ethics and moral issues。Family conflicts not only endanger family harmony,Affect social stability,It is more about whether the family can cultivate qualified citizens with physical and mental health for society。Currently,There is still much room for improvement in the role of communities and village (resident) committees in inheriting and replacing the social mediation function of traditional clan acquaintances,Need to attach great importance to the mediation and resolution of family disputes。Third, we must improve the family mediation and judicial capabilities of grassroots courts。Under the premise of clarifying the rights and wrongs,The most important thing in judicial mediation or adjudication of family disputes is to repair family relationships,Prevent family ties from being torn apart,This places high demands on judges’ quality。The importance of legal talents with "both classics and law" in the crime of uniform system is worth learning,It’s hard to imagine life without rich experience、Judges who lack moral quality can make family mediation or adjudication that satisfies and convinces the parties based solely on legal rules。

Xiaozhi in the Han and Wei dynasties and the society formed by it、The values ​​of national and national identity provide bet365 Play online games a cultural foundation and rich connotation for the core values ​​of our contemporary society,Transforming and applying these values ​​is conducive to promoting the value recognition of contemporary society and the country。

In short,The crime of taking uniforms from the Han and Wei dynasties to the end of the Qing Dynasty,The content of social etiquette and law is constantly enriched,The accumulated experience and wisdom of good laws and good governance are worthy of continued in-depth exploration and research。

 (The author is the person in charge of the later-funded project “Research on ‘Conforming Crimes’ and Its Social Governance Paradigm in the Han and Wei Dynasties” funded by the National Social Science Fund、Professor of Henan University of Finance and Law)

Editor: Zhang Jing
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