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Innovation of Judicial System in Qin Dynasty
1. Evade service. Men in Qin dynasty began to perform military service and hard labor at the age of 16. During their service, they must bring their own clothes, food and conventional weapons, which is a heavy burden. Moreover, they must arrive within a limited time, and if they are late, they will be severely punished, so there is a rule of desertion. "Qin Law" stipulates: "Three days and five days, overdue; Six to ten days, one shield; After ten days, I am armor. " Flattery is humiliation, not just a fine. It is also stipulated that those who escape during their service will be "servants" or "punished as city officials" and demoted to slave forced labor. During the Chen Sheng Uprising, he once said, "Qin method: those who fail to do so will be beheaded", which is even more harsh.
2. Because of stealing. The provisions on the crime of infringing on property in Theft in Qin Law are particularly detailed. As far as the subject of the crime is concerned, there are thieves, male thieves, gentry thieves, male thieves, son thieves, father thieves and slave thieves in Article 187 of the Law Answer. As far as the objects of infringement are concerned, there are cattle, horses, sheep, pigs, clothes, silk, coins, mulberry leaves, as well as stealing widows, stealing human sacrifices, sealing letters, stealing boundary markers and so on. Yunmeng Qin Bamboo Slips even recorded the situation of "stealing mulberry leaves without making a profit" as a typical case, which shows that the severity of Qin law and social "crime" are everywhere. Li Si once said, "Thieves from Kanto rose up, and Qin sent troops to punish them, killing many people, but there were more. If you steal too much, you will lose money in guarding, transporting, turning around and doing things, and the tax will be big. " Admit the social reality and political roots of "stealing more", because the labor force is stationed outside all the year round and undertakes heavy tasks of grain transportation and endless civil engineering, such as building cities, palaces and tombs; There is really no way to pay heavy taxes. (See Historical Records. Biography of Qin Shihuang)
Stealing minted money is a serious crime. The article "Closed diagnosis. "Stolen Casting" said: A certain Li Shiwu of Party A and Party B bound the man Bing Ding and his newly cast 1 10 money and two boxes of molds to report the case.
4. Behavior that should be controlled. According to Yunmeng Qin bamboo slips, all kinds of bad behaviors, such as private fighting, picking up relics, private migration, eating and drinking, untimely cutting down trees, casting anonymous letters, witchcraft, false household registration, throwing filth and ashes into the street, are regarded as crimes, and officials should be severely punished for "knowing but not doing it" or even "raising and hiding evil".
5. Waste orders and do nothing. Citizens' obligations and official duties stipulated by law are called "revocation orders" and will be punished by law. If you find public or private property on the road, you must hand it in or report it within the prescribed time limit, otherwise the "quasi-theft theory" will be considered as theft. For another example, if a neighbor is caught in a fire and stolen, all neighbors will be punished if they know that they don't report it (whether they are guilty or not); Li Dian and Wu are always responsible, even if they don't know, they will be punished. In addition, if an official fails to assist in the pursuit of fugitives, he will be punished; "A thief killed people rushed, don't help others. They are better than the wild. " If thieves don't stop killing people in the street, everyone within 100 step will be punished, and in the wild, they will be fined two armour according to their injuries. This is a heavy punishment.
6. Crime. Those who "should not act as" are called criminal orders. (1) Alcoholism: The land law stipulates: "People who live in Tian She are afraid to drink alcohol. Tian Sefu and Buzuo are hereby prohibited. Those who disobey orders are guilty. " (2) going to the department is AWOL. For example, the Qin law stipulates that anyone who sees smoke and fire must go to the place to put out the fire or report to the place, but the "warehouse keeper" must not leave his post without permission under any circumstances. (3) False accusation: The Legal Question and Answer states: "A accuses B of stealing cattle, and if a thief hurts people. B doesn't steal cattle or hurt people today. What about Jia? The end is an illusory person; Misconduct is not a trial. " -deliberately framing people to sit backwards, but not accusing people of fines and treating them differently. (4) killing children. "Legal Questions and Answers" contains: In this life, all children are in the body, and there are no monsters. If you don't want to live with many children, you will kill them. What is the theory? Killing a child-refusing to feed a healthy newborn-should be regarded as "killing a child"; If the baby is incomplete and has a foreign body, killing it is not killing children.
There are various means of public security punishment in the Qin Dynasty, and sometimes multiple means of punishment are applied to a crime at the same time, such as "death for the city", "death for the city" and "death for the city", which is more severe. For example, there is a cloud in the "Reply to the Law": "If you don't judge a hidden child, you can redeem it; The people are young, and when they are old, they come uninvited, but they dare to cheat. Code the old man's accusation, one for each person; Wu Renhu has a shield, so they all move it. " Meaning: Li Dian and Wu Lao, who are in charge at the grass-roots level, will bear legal responsibility, be punished leniently and be given a chance to recover. Moreover, ordinary people are not "old", that is, they are under the legal age of 60, or they are too old to report, and they dare to cheat the government regardless of whether they report or not. I punished two armour, Li Dian and Wu each punished one armour; Everyone in the same class will be punished with a shield, and everyone will move to a remote place. The "Qin Law" also implements the principle of "heavy punishment for minor offences", and as long as there is criminal intent, whether it is implemented or not, it must be convicted; Even if it is petty and meticulous, don't let it go. For example, in the "Question and Answer of Law", "Or stealing mulberry leaves, which is unprofitable, is thirty years old." Stealing worthless mulberry leaves will punish Wang for ten days of hard labor. "A thief, the stolen goods are worth thousands of dollars, and B knows that it is stolen, and it is unprofitable to be dirty." Both of them are equally guilty. The Thief Law stipulates that pulling out a person's beard and lifting a person's bun, as long as he feels pain in six places, constitutes a crime. If he is sentenced to "injury", he should be sentenced to "complete the city" just like stabbing people with needles and cutting a bun with a sword. According to the Qin bamboo slips, this punishment method is roughly equivalent to the Law on Public Security Punishment, which is as follows. If a serious crime violates the criminal law, it is necessary to sentence the owl to death, and so on, which are not listed here:
1. Ye: Scold, humiliate and warn. "Eighteen Kinds of Qin Laws" said: "Imperial history is characterized by lack and prosperity. Dimethyl ester; Please be three to five days late. " The state recruits conscripts, and those who do not apply will be fined two; If you apply for a job, you will be "anxious" if you are 3-5 days late. Answer to Qin Law: "Thieves hurt people, but officials think that fighting hurts people. Is it inappropriate for officials to talk about this matter? When, hey. " The judge misjudged "thief wounding" as "fighting wounding" and gave him a scolding according to law. He was given a lighter punishment in form, but because of his "criminal record", this person has a lifelong "criminal record".
2. Follow: announce evil deeds, parade in the streets, and severely warn. Raise market prices and punish them.
3.mm: fine, usually measured by the value of armor and shield; Or use hard labor punishment and frontier punishment instead. "Effective Law": "If the scale [device] is not correct, it will be more than sixteen taels [one catty], and the official [fine] will be one armor [pay the lawyer]; If you don't earn sixteen taels to eight taels, take the shield. " Moreover, stealing mulberry leaves mentioned above is not worth a penny, and it is "thirty days" and is punished with thirty days of hard labor. Those who can't pay the money will also be punished by "guarding", that is, guarding the border within a time limit.
4. Redemption: Redemption of a sentenced sentence by paying money. This requires certain conditions: 1 has a corresponding identity, 2. Pay different amounts of gold [brass], money [coins] or cloth [one cloth is 8 feet wide and 2.5 feet wide, and money 1 1 is 1 cloth] for redemption according to different charges. It can also be transformed by hard labor and guarding the border.
5. Hunger: It is used to punish prisoners who don't obey the prison rules, and only provides a normal amount of 1/3 to make them hungry. This is also a kind of corporal punishment.
6. Resist: Also known as "finish", shave off the beard and sideburns to show humiliation, but keep the hair. For example, Qin Law Miscellaneous Copy. "Fu Fa" contains: If you hide the account of a teenager who died in the line of duty and fail to report it, and the login is invalid, then "Dian, the old one will redeem it." Li Dian and Wu were sentenced to endure punishment, but they were allowed to pay for it. Law Q&A: "Or fight, bite off your nose, if your ears, if your fingers, if your lips. By what? Discussion: Everything should be tolerant. " People who bite each other's ears, nose, lips, fingers, etc. When fighting, you will be punished by "tolerance": shaving your beard and sideburns.
7. Shaving your hair is more important than enduring punishment.
8. three: ink punishment, ink marks on the forehead.
9. Hey: flogging insults. For example, "Eighteen Laws of Qin Dynasty" records: "The chariot destroys pottery, iron and wood, so it is necessary to break the chariot. Worth a dollar, ten dollars; If its value exceeds twenty dollars, you will be familiar with it. "
10. Relocation: forced relocation. This is lighter in nature than exile. Qin Lv Zapai: "Five thieves ... If the profit is less than 220 (money) to 1, then move." Five people * * * stole less than 220 yuan, even if it was only 1, they all moved out. "So the doctor beheaded and moved." The relatives of the doctors who executed the death penalty will move to the border areas.
1 1. No, no, no: Confiscation of prisoners' property, including domestic slaves. Confiscate prisoners' wives, concubines, children, family members and even relatives and friends as slaves, cancel their "good citizen" household registration and enter the ranks of "untouchables". "Historical records. "Biography of Shang Jun" even said: "Those who are lazy and poor at the end of the matter think that there is a reward." Those who are poor because of business or laziness are also punished by the government. "Legal Question and Answer": "The husband steals thousands, and the wife hides 300." If the wife knew it was stolen, she would be accused of stealing 300 yuan; If you don't know that it is stolen goods, you will be punished by "receipt" and "confiscation".
13. Cheng Dan: Under close surveillance, he was punished as a coolie, such as building cities and digging ditches. For example, "Answer": "Whoever commits theft shall be punished by the city." During his service, he escaped and became a servant after being captured. The so-called "official" is to be a slave in the government for life. Women are called "concubines".
14. Dumping, white stuffing and ghost wages: fine grain under surveillance; Punish the work of screening white rice, selecting white rice or cutting firewood up the mountain.
15. Male and female servants: punished as male slaves and female slaves. These people are often the families of criminals or prisoners of war.
16. Lian Zuo: Being punished for participating in Lian Zuo crime due to blood relationship, village relationship and job relationship. The so-called "theft and other crimes, cohabitation should sit." "The officer and the officer have disintegrated (asked) and his [boss] ordered him to sit down."
17. review: review the name and official title, cancel their citizenship or official position, and deprive them of their corresponding rights. See You's Law, etc. Read the law and pass it on. The Miscellaneous Application of Qin Laws and Regulations stipulates that local officials in charge of reading laws have the responsibility to regularly check the promulgation of new laws and orders with the relevant departments of the imperial court (Shi Yu government) in order to convey them timely and accurately. "Miscellaneous Notes on Civil History" stipulates that each county should inform the "officials" located in all parts of the county and copy all the laws and regulations that the officials abide by. Judges and officials at all levels should be familiar with laws and regulations, forget a crime, "each has his own way of forgetting the law" and make a mistake in the word, which is also very harsh. Legal officials should be responsible for reading and explaining the law to the public within their jurisdiction in a timely manner, correctly interpreting the law, and making the people "know the law and abide by it" and act according to law; The people's demands for knowing the law should be met, and those who ask but don't answer should be punished; Moreover, every question and answer must be "a symbol of six inches per foot" When the book arrives, call it Fa Ming and tell the official. This "symbol" is made in duplicate, one of which is filed by legal personnel and the other is kept by the public for future reference. Ordinary people should "take officials as teachers and teach by law" and don't listen to statements outside the law.
2. report the case. In Yunmeng Qin bamboo slips, it is called "Yi" for people to report and ask for instructions to the government, and "Sue" for legal officials to report or report. For example, in the Closed Clinic, there is an example of a man going to the official residence by himself. He said: "I escaped as a Wu one day this month, and there were no other illegal acts. Today comes from the first. It is also recorded that Dianjia Li from a village came to tell me that B, that is, Benshiwu, suddenly hanged himself in his own house, somehow. Send Shi Qi to inspect immediately.
3. Diagnosis refers to on-site inspection and investigation. There is an example in "Closed Diagnosis and Death", which is an on-site inquest on suicide by hanging. Requirements: The "Lingshi" offering of the county government appears with the "prison officer", Li Dian, Wu Lao and the blood relatives of the deceased. After arriving at the scene, you should go to the body independently and examine it yourself. First, carefully check the environmental traces, focusing on the end of the rope. If there are traces of ring, check whether the tongue of the deceased can come out, and then check how far the head and feet are from the end of the rope and the ground, and whether there is excrement and urine flowing out; Then untie the rope, lay the body flat, pay attention to whether there is a "sigh" at the nose and mouth, see if there is congestion at the rope mark on the neck and whether the shape of the congestion mark is semi-circular or full of the neck, and test whether the head of the deceased can come out of the noose; If you can't get rid of it, untie the clothes of the deceased and thoroughly check his body, head, hair and bun for foreign bodies and traces. If the tongue doesn't stick out, the nose and mouth don't sigh, the rope marks don't have congestion or a full circle of congestion, and the rope is tied and the head can't be taken off, then it's difficult to identify this kind of "hanging" ... The suicide must first have reasons and performance, so please ask his cohabiting family to comprehensively judge the cause of death.
Dysprosium, interrogation and evidence collection. There is a legal document in the "closed clinic", which goes something like this: "I am responsible for informing a county governor that a person is on trial. He said frankly,' I am a gentleman and live in a certain county.' Please verify his name, identity and place of residence, and find out what crimes he has committed, what criminal record he has had, what crimes he has forgiven, and whether he has evaded taxes and evaded service. What's the plot? Have you checked? Please send someone familiar with the situation to guard their home according to law. When copying the newspaper, please copy the newspaper item by item. This is a message for you. "Obtaining evidence is a very important link in solving crimes, and judges have the responsibility to collect and provide effective evidence and materials.
5. close it up. "Closing the clinic" includes a style of "closing the book": according to the official letter of a county order, it is required to seal up the property, wife, son, daughter, slaves, handmaiden, clothing, furniture and livestock products of a family with a case under trial. Now the facts are as follows:
Room A, people: one room and two rooms, each with its own portal. All rooms are tiled and the wood structure is complete. There are ten mulberry trees in front of the door. His wife has escaped and has not met to be detained. Children: eldest daughter, unmarried; The youngest son, who has just turned fifteen; Domestic servants are male slaves and domestic slaves are female slaves. Another male dog. He also asked a local Li Dian and his colleagues Wu Mou and Mou according to law, and seriously explained to them: "Is there any other person in charge of real estate within the scope of investigation?" If A lets it leak and doesn't log in, you will bear legal responsibility. "Someone and others unanimously confirmed that all the people who should be sealed by A are here, and there is nothing else to seal. So he gave the sealed room and people to someone and tried to take turns guarding it with the others in the row. Waiting for the county government's notice-it can be seen that when the county judges go to the grassroots to perform their tasks, the responsible persons of the relevant villages must be present to undertake the tasks and responsibilities.
6. News is interrogation, interrogation. The "closed diagnosis type" stipulates that the trial should be based on "getting human feelings without grabbing, grabbing is down, and fear is defeated." Qin people think that whipping torture is not desirable and intimidation is a failure; Interrogation is based on impunity, and intimidation is a sign of incompetence. Moreover, when asking for a trial, "listen to what you say before you write." Let the plaintiff and the defendant "speak their own words", even if they know it is cheating, don't backchat immediately. They should wait until "their words have been written and there is no solution, so they are ridiculed." No further questions can be asked until both sides have finished their sentences and the records are correct. If the other party continues to retract his confession after repeated questioning and refuses to accept the verdict, then "what should be plundered in law will be plundered." When robbing the other side, you must make a "written evidence" and record the interrogation clearly as the basis for sentencing.
7. Catch and die. Arrest all criminals who have committed or are committing crimes, such as flagrante delicto, absconder, escaped prisoner and concealed prisoner, regardless of whether they have been tried or not. According to the law question and answer, all state officials and officials at or above the county level have the obligation to take part in catching thieves at any time; The government can appoint a special official to prevent theft, detect and hunt down criminals. At the same time, the state gives heavy rewards to those who take part in the capture of the dead. If a "criminal" is caught, he can get his property, and the state will give the captor two taels of gold. Then severely punish longitudinal thieves and hidden thieves; Punish those who fail to do their duty to help victims and those who fail to do their best to support thieves. All these are helpful to the law enforcement activities of government legal personnel, such as arrest, detection and theft prevention. There is an example in the Law Question and Answer: "Husband, wife and son will be punished for stealing.". Today, Jia will try his best to catch it. Ask when to buy (reward) geometry when the buyer is two or two. " The husband, wife and son of a family were all sentenced to "criminal punishment" for theft. Now a man has caught it all and reported it. How much reward should I give? According to the law, everyone will give two taels of silver according to the head caught.
8. check. Examination of the disabled and the dead. "Closed diagnosis. Out of the Child provides an example of testing a woman who was beaten and aborted. Female armor sent a group of blood clots wrapped in cloth, saying that it was a six-month-old fetus that was beaten and aborted by neighbor C. The county magistrate immediately examined it and recorded it in the letter book: after careful examination, the blood clot was from the finger to the elbow, but it was difficult to identify it as a fetus; I threw it into a basin of clear water and spilled it gently. I see that the head, body, arms, fingers, feet, thighs and toes of the fetus are all human-like, but the eyes, ears, nose and sex are not clear. Take it out of the water and it will solidify. So it is confirmed that it is an aborted fetus. Also specially sent "Li concubine" to check the bleeding and injury of female nail vulva to confirm that the aborted fetus came out because of injury. Special report on inspection results.
9. Check people's identities on the road. "Qin Law" and "Patrol Law" stipulate that lobbyists should stay overnight without taking a message, and the county where they are located should be fined a price. At the end of the year, the county should be accountable and punished. According to the law, government officials and noncommissioned officers on business trips can enjoy the convenience of accommodation and related services at the national post station and waiting hall with corresponding certificates, but they need to submit their certificates for inspection and are not allowed to use them beyond the scope. Generally, business students have to be inspected when they are on the way, going through customs and stopping, including their identity, travel destination and mode, and whether the articles they carry are legal. Both parties shall bear legal responsibility for the failure to investigate or the false investigation.
In addition, immune tests should be carried out on inbound vehicles and horses. "Questions and Answers on Law" contains: "Warlords and guests, with fire inflammation [roast] their yokes-what is inflammation? When a bannerman can't cure a horse bug. The beauty of Sao Ma Insect is attached to the balance yoke, which is inflammatory. "
10. The police stood by. In the process of Qin's military reunification, "warning orders" were often issued. Public security in wartime was highly valued at that time. "Memorabilia" describes a security activity in Nanjun: in the 19th year of Qin Shihuang, he was ready to attack Chu in the south, so "Nanjun was prepared for the police". This is a wartime public security activity, which exercises strong control over all the soldiers and civilians. During the police preparation, those who brag about the enemy's strength to shake the morale of the army will be beheaded. This is strictly no lending. During the police preparation, all words and deeds were strictly monitored. There are also related records in Mozi, which have been mentioned in previous articles and will not be repeated here.
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