秦朝法律到底是什么样的 有关残暴的传闻是不是真的-看世界

秦朝法律到底是什么样的 有关残暴的传闻是不是真的

  公元前221年,秦王嬴政扫平六国,建立起中国历史上第一个大一统封建王朝——秦朝。这一年仅39岁的他成功奠定了中国两千余年政治制度基本格局,对后世产生了深远的影响,加冕为“皇帝”(取自三皇五帝),因此被明代思想家李贽誉为“千古一帝”。 在始皇帝统治下,有废分封、立郡县;有车同轨、书同文,统一度量衡;有北抗匈奴,南征百越,修万里长城;但也有焚书坑儒,求长生和广为后人诟病的苛政“以暴虐为天下始”…… 真实的秦朝社会究竟是什么样子,借助睡虎地秦墓出土的法律文书,让我们来仔细看看。

  很多人都不了解法律的事情,接下来跟着小编一起欣赏。

A lot of people don't know about the law. Let's enjoy it with Xiaobian.

  公元前221年,秦王扫平六国,建立起中国历史上第一个大一统——秦朝。这一年仅39岁的他成功奠定了中国两千余年政治制度基本格局,对后世产生了深远的影响,加冕为“”(取自),因此被思想家李贽誉为“千古一帝”。

In 221 BC, the king of Qin swept the six kingdoms and established the first great unity in Chinese history, the Qin Dynasty. At the age of 39, he successfully established the basic pattern of China's political system for more than 2000 years, which had a far-reaching impact on later generations. He was crowned as "" (from), so Li Zhi, a thinker, was hailed as the "emperor of the ages".

在统治下,有废分封、立郡县;有车同轨、书同文,统一度量衡;有北抗匈奴,南征百越,修;但也有,求长生和广为后人诟病的苛政“以暴虐为天下始”……

Under the rule, there were abolishment, enfeoffment, establishment of counties and counties; vehicles, books and articles, unified measurement and balance; resistance to the Xiongnu in the north, expedition to Baiyue in the south, repair; but there were also tyrannies, seeking longevity and widely criticized by later generations, "starting with tyranny"

真实的秦朝社会究竟是什么样子,借助睡虎地秦墓出土的法律文书,让我们来仔细看看。

What is the real society of Qin Dynasty? Let's take a closer look at it with the help of the legal documents unearthed from the Qin tomb in xihudi.

  大泽乡起义之疑

Doubts about the uprising in daze Village

  《史记·陈涉世家》里是这样描写历史上第一次农民起义的:

This is how the first peasant uprising in history is described in "historical records: Chen sheshijia":

  二世元年七月,发闾左適戍渔阳,九百人屯大泽乡。、皆次当行,为屯长。会天大雨,道不通,度已失期。失期,法皆斩。陈胜、吴广乃谋曰:“今亡亦死,举大计亦死,等死,死国可乎?”

In July of the first year of the second year, the left side of Falu was suitable for guarding Yuyang, and 900 people lived in daze village. , all of them should go next time. It's going to rain heavily and there's no way to get there. It's out of date. If the time is lost, the law will be cut. Chen Sheng and Wu guangnaimou said, "if you die today, you will die. If you take great measures, you will die. Will you die?"

  众人因大雨无法如期到达渔阳戍边,依法当斩,既然去不去都横竖是死,于是,这个事件也成为了“暴秦”虐民的证据。

Because of the heavy rain, they couldn't reach the Yuyang garrison as scheduled. They should be beheaded according to the law. Since they were dead if they didn't go, the incident also became evidence of the "violent Qin" abuse of the people.

  后来有人提出了不同的看法,在《秦律十八种·徭律》中,可以看到这样一段话“御中发征,乏弗行,赀二甲。失期三日到五日,谇;六日到旬,赀一盾;过旬,赀一甲。其得殹(也),及詣。水雨,除興。”意思是如果被征调服徭役时迟到,会根据情节被轻重斥责,或者被处罚等同盾牌盔甲价格的钱,如果遇到大雨,官方还会免除服役。那么看上去陈胜、吴广等人根本不是走投无路,而是存心要反吧?

Later, some people put forward different views. In the law of Qin eighteen kinds of corvee law, we can see such a saying: "the imperial levy, lack of Buddhism, wealth two. It is three to five days overdue; six to ten days overdue, one shield of money; and over ten days, one armour of money. His achievements (also) and attainments. Water and rain, except Xing. " It means that if you are late for the conscription, you will be reprimanded according to the seriousness of the case, or you will be punished with money equal to the price of shield and armor. If you encounter heavy rain, the official will be exempted from service. So it seems that Chen Sheng, Wu Guang and others are not desperate at all, but are determined to fight back, right?

  秦陵陪葬坑出土石甲胄

Earth and stone armor from the burial pit of the Qin Mausoleum

  在讨论这个争议时,我们该弄清一点,即陈、吴他们是徭役吗?《汉书·食货志》中引董仲舒上疏语“之法,月为更卒,已复为正一岁,戍屯为一岁,力役三十倍于古”,指的是秦民必须每年服徭役一个月,称更卒;另外还要服兵役两年,一年军事训练,一年戍卫。由此可见徭役和戍役是不同性质的服役。

In discussing this dispute, we should make clear that Chen and Wu are corvee? In the book of Han Dynasty, Shi Huozhi, Dong Zhongshu is quoted as saying: "the month is more soldiers, the year has been restored to the first year, the garrison is one year old, and the force is 30 times of the ancient". It means that the Qin people have to perform corvee for one month every year, called more soldiers. In addition, they have to perform military service for two years, one year of military training, and one year of garrison. " 。 It can be seen that corvee and garrison service are of different natures.

  从秦简中我们知道,男子身高达到6尺6寸时就得开始服役,有爵之人56岁可以退役,无爵之人干到60岁才能免除服役。而秦朝建立后,统治者,连年征战,经常通过各种手段来延长人们的服役时间,对劳动人民的摧残远超过制度规定。从法律条文上看,合理的徭役都搞得人“生男慎勿举,生女哺用脯。不见长城下,尸骸相支拄”,更别提本来就严格的戍役了,确实存在官逼民反的因素。

We know from the Qin bamboo slips that when a man's height reaches 6 feet 6 inches, he has to serve. A man with a marquis can retire at the age of 56, and a man without a marquis can be exempted from service until he is 60. After the Qin Dynasty was established, the rulers, who had been fighting for years, often extended their service time by various means, destroying the working people far beyond the system. From the perspective of the legal provisions, reasonable corvee has made people "cautious about giving birth to men, and giving birth to women with breast-feeding.". In the absence of the Great Wall, the corpses support each other ", not to mention the already strict garrison service, there is indeed a factor of official coercion against the people.

  秦长城遗址

Qin Great Wall Site

  二.轻罪重罚事无巨细

II. Fine for minor crimes

  《商君书·靳令》中有这样一段话:“行罚,重其轻者,轻其重者。轻者不至,重者不来,此谓以刑去刑,刑去事成;罪重刑轻,刑至事生,此谓以刑致刑,其国必削。”大概是说应该用重刑去罚轻罪,如果老百姓发现犯点小错都会被严惩,自然心生畏惧不敢犯大罪了。

There is a saying in Jin Ling of the book of Shang Jun: "punishment should be given to those who are less important than punishment. If the light one does not come and the heavy one does not come, it means that the punishment is to be executed and the punishment is to be accomplished; if the crime is serious and the punishment is light, it means that the punishment is to be executed and the country will be cut. " Maybe we should use the heavy punishment to punish the minor crimes. If the common people find out that they will be severely punished for making some minor mistakes, they are naturally afraid of committing major crimes.

  商鞅这种“以刑去刑”的法律思想在秦律中得到了明显的体现,因此在 《法律答问》中,我们可以找到不少例子。例如:

Shang Yang 's legal thought of "punishment by torture" has been clearly reflected in the law of Qin Dynasty. For example:

  “或盗采人桑叶,赃不盈一钱,何论?赀徭三旬”(一旦被发现偷采别人的桑叶,即便量不到一钱,也要受到服三十天的徭役惩罚);

"If you steal mulberry leaves from others, you will not get a profit. What's your opinion? If you steal mulberry leaves from others, you will be punished by 30 days of corvee, even if you can't get one money";

  甲谋遣乙盗,一日,乙且往盗,未到,得,皆赎黥(主谋甲让乙去盗窃,只要乙去了就算还没走到地方,一旦抓获,如果掏不出赎金,两个人都要被罚刺面)也不知道刺什么?犯罪未遂吗?……

One day, Party A sent Party B to steal, but before they arrived, they all redeemed Tsing (if Party A asked Party B to steal, as long as Party B had gone, he would not have gone to the place, and if he was caught, if he could not pay the ransom, both of them would have to be punished for stabbing). What was the stabbing? Was the crime attempted

  而且,秦律事无巨细,有时候让人哭笑不得,例如:

Moreover, Qin law has no details, sometimes it makes people laugh and cry, for example:

  “…其以牛田,牛减絜,笞主者寸十”(每年四月、七月和十月都要检查耕牛进行评比,如果用牛耕田导致牛腰围变小,每减瘦一寸,笞打管事的十下);

"... Every year in April, July and October, we should check and evaluate the cattle. If we use the cattle to cultivate the land, the waistline of the cattle will become smaller. Every inch of the cattle lost, we will beat the manager ten times;

  牛大牝十,其六无子,赀啬夫、佐各一盾。(十头母牛里如果有六头没生小牛,负责人就得挨罚)

The cow has ten daughters, six of them have no children, and each of them has a shield. (if six of the ten cows don't have calves, the person in charge will be punished.)

  先进的刑侦规范

Advanced criminal investigation standard

  睡虎地秦简中的《封诊式》一篇全是秦律的刑侦规范,如调查、勘验、审讯、查封等,堪称秦朝的《刑侦操作指南》。

In the Qin Bamboo Slips of sleeping tiger land, one of the sealed diagnosis forms is all the criminal investigation norms of the Qin law, such as investigation, inquest, interrogation and sealing up, which can be called the criminal investigation operation guide of the Qin Dynasty.

  开篇提出“治狱,能以书从迹起言,毋笞掠而得人情为上,笞掠为下,有恐为败”(审理案件,根据口供追查不动刑最好,如果拷打了不好,如果恐吓犯人招认就是失败了)。不得不说,两千多年前有这样的审讯理念是非常难得的。

At the beginning of the article, it was put forward that "the treatment of prison can be based on the book from the trace, not on the people's sentiment, but on the fear of defeat" (in the trial of a case, it is best to trace the immovable punishment according to the confession, if the torture is not good, if the confession is threatened, it is a failure). It has to be said that it was very rare to have such a concept of interrogation more than 2000 years ago.

  此外,在侦破案件的过程中,刑侦人员对于现场的记录已经能看到法医学的雏形:“男子死,某室南首,正偃。某头左角刃痏一所,背二所,皆纵头背,袤各四寸,相耎,广各一寸,皆中类斧,脑角皆血出,被污头背及地。“翻译过来就是:男子尸体发现在某人家中的南边,仰身倒毙,头上的左额角有刃伤一处,背部有刃伤两处,都是纵向的,长各四寸,互相沾渍,宽各一寸,伤口都是中间陷下,像斧砍的痕迹,脑部、额角和眼眶下都出血,污染了头部,背部和地面。

In addition, in the process of solving the case, the investigators can already see the rudiments of forensic science for the on-site records: "the man died, the south head of a room, is Yan. There is one cutting edge in the left corner of a certain head, and two in the back. They are all vertical, four inches in width, one inch in phase, and one inch in width. They are all medium-sized axes. Their brain corners are all bloody, and their heads and backs are polluted. "The translation is: the man's body was found in the south of someone's house. He fell on his back and died. There was a blade wound on the left forehead corner of his head. There were two blade wounds on his back, both of which were vertical, four inches long and one inch wide. They were stained with each other. The wounds were all in the middle, like the marks of axe cutting. The brain, forehead corner and eye socket were all bleeding, polluting the head, back and the ground.

  这样细致而科学的记录也侧面验证了为何最早的法医学著作(《洗冤集录》)会诞生于中国。

Such detailed and scientific records also prove why the earliest forensic works (the collection of avenues) were born in China.

  列举了不少秦国的法律条文,相信大家可以发现,与现代的法规相比,秦律绝对说不上落后,它已经有很多和当今无差别的法律条例,无论在生活还是道德层面,都有了相对完善的相关规定。这种过于详尽而严格的法律创造出一个“井井有条”的氛围,在立国之初起到了非常好的稳定社会效果,但实操层面的脱节以及法律法规的繁杂终究沉重地打击了民生。一味的妖魔化秦律是毫无意义的,它深层的历史意义以及对后世产生的影响需要更多的思考和探索。

I've listed a lot of laws and regulations of the state of Qin. I'm sure you can find that compared with modern laws and regulations, the law of Qin is definitely not backward. It has many laws and regulations that are no different from today's, and there are relatively perfect relevant regulations in both life and morality. This kind of too detailed and strict law creates a "orderly" atmosphere, which has a very good social stability effect at the beginning of the founding of the country, but the disjunction of the practical level and the complexity of laws and regulations eventually hit the people's livelihood heavily. It is meaningless to demonize Qin law blindly. Its deep historical significance and influence on later generations need more thinking and exploration.

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