A lot of people don't know about the law. Let's enjoy it with Xiaobian.
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".
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"
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.
Doubts about the uprising in daze Village
This is how the first peasant uprising in history is described in "historical records: Chen sheshijia":
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 It's out of date.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?"
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.
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?
Earth and stone armor from the burial pit of the Qin Mausoleum
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.
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.
Qin Great Wall Site
II. Fine for minor crimes
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.
Shang Yang 's legal thought of "punishment by torture" has been clearly reflected in the law of Qin Dynasty. For example:
"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";
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
Moreover, Qin law has no details, sometimes it makes people laugh and cry, for example:
"... 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;
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.)
Advanced criminal investigation standard
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.
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.
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.
Such detailed and scientific records also prove why the earliest forensic works (the collection of avenues) were born in China.
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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