Felonism was born out of nowhere and has undergone continuous changes.
In the "Historical Records", Sima Qian said: "Han Feizi 'likes the study of punishment and magic, and it is attributed to the study of Huang Lao. In ancient times, a hundred schools of thought contended, and each school of thought was distinct, but from this sentence, we can glimpse the connection between various schools. The Legalist idea of heavy punishment was initially thought to be related to Taoist thought.
The imprint of the ancient order, the beginning of the legal system.
The abuse of felonism can be traced back to ancient tribal societies, and the first form of corporal punishment was borne. In the tribal period, in order to maintain order, extreme measures were adopted, such as beheading water thieves at the wellhead, which was the prototype of the idea of heavy punishment.
The legal system of the Xia Dynasty is embodied in the "Yu Punishment", which is the first legal code in the history of our country, and mainly focuses on the Xi law of punishing criminals. The ink, slash, and |, Palace, and Dabi were also formed during this period. These punishments are mainly aimed at the critical body parts of the sinner, highlighting the characteristics of the idea of heavy punishment.
The pinnacle of Legalist thought: Shang Ying's reform.
Shang Ying's reform method marked the heyday of Legalist thought, and his invention of the five-horse corpse became a representative of extreme means. Shang Ying advocated that "forbidding adultery and stopping it, and not punishing it severely", which played a certain role in the rule of Qin during the chaotic period at that time. However, the excessively harsh laws eventually led to the fall of the Qin Dynasty.
With the introduction of Han Feizi's concept of "rule of law", Legalism gradually evolved into the cloak of Confucianism. Although Confucianism was adopted during the Han Dynasty, it essentially continued the Legalist idea of heavy punishment. Emperor Wu of the Han Dynasty abolished corporal punishment, which was an important development in the idea of criminal law. However, Empress Lu's decision to make Mrs. Qi ** still highlights the existence of the idea of heavy punishment.
Wei, Jin, Southern and Northern Dynasties: The peak of the evolution of criminal law.
During the Wei, Jin, Southern and Northern Dynasties, criminal law was extremely developed. In the course of reform, the types of criminal punishment and criminal punishment were differentiated, and gradually standardized. The abolition of palace punishment and dividing punishment reflects the trend of relative mercy. However, the system of exile and the system of clan sittings still exist, showing the cruelty and irrationality of the penal code.
Modern times: The rise of the concept of the rule of law.
* period, important changes have taken place in the criminal law. Violent punishments such as corporal punishment and whipping were abolished, and the law was gradually humanized. The rise of the concept of the rule of law in modern times shows that the idea of heavy punishment is gradually weakening, and the criminal law is gradually developing towards lenient punishment.
Today, the formulation and enforcement of laws are still influenced by the idea of heavy punishment, which reflects its strong vitality. Although the punishment in China has been cruel in the past dynasties, the overall trend is to standardize and lenientize the punishment. The wheel of history is rolling, and the transformation from the idea of heavy punishment to the concept of the rule of law has witnessed the evolution of China's legal system.
The Gains and Losses of the Idea of Heavy Punishment: The Delicate Balance of Deterrence and Rebellion.
Advantages under heavy sentences.
From the perspective of the Shang Dynasty reform of the Qin Dynasty, it not only laid the foundation for the unification of the Qin State, but also had an important impact on the subsequent development of the Qin State. Felonism fundamentally regulates people's behavior and makes people fearful, thereby reducing the crime rate, achieving the goal of unification, stabilizing social relations, and alleviating social contradictions. The Ming Dynasty implemented strict punishment and strict laws, which reduced the number of courts to a certain extent, so that the structure of the imperial court was optimized and conducive to rule.
Accumulate disadvantages over time. But fundamentally, felonism does more harm than good. With the end of feudal rule, it will inevitably fall apart with it. If a monarch uses the idea of heavy punishment for a long time, the people will develop a rebellious mentality, leading to social unrest. The doctrine of heavy punishment has strengthened the people's resistance mentality, and "water can carry a boat, but it can also capsize a boat". The ruler must work for the good of the people, otherwise the people will not support him, which may eventually lead to the collapse of the regime. Chen Sheng and Wu Guang's uprising was a rebellion against the Qin Dynasty's idea of heavy punishment.
Compare with Western criminal law.
Criminal law in Western countries is also cruel. Roman law and the Colosseum showed their extreme means.
The Evolving Concept of the Rule of Law: From the Weight of Punishment to the Rise of Humanism.
This article profoundly outlines the development process of China's concept of the rule of law, from the initial emergence of the ancient idea of heavy punishment to the rise of the modern concept of the rule of law, showing a long and tortuous historical process. In this process, the reform of punishment not only reflects the change of social order, but also demonstrates the profound reflection of the ruler on the means of governance.
First of all, the article leads to Han Feizi's return to the roots of Huang Laozhi's study from the historical records, revealing the interrelationship between the various schools of thought. This provokes the reflection that the ideas of each school of thought have penetrated each other to a certain extent, and together they have built the cornerstone of the rule of law in ancient China. This also reflects the comprehensive application of the ideas of different schools of thought by ancient scholars to form a unique concept of the rule of law.
Secondly, the article delves into the development process of heavy punishment, from the "Yu Punishment" of the Xia Dynasty to the Shang Dynasty Reform Law, and then to the extremely developed criminal law during the Wei, Jin, Southern and Northern Dynasties. In this historical process, the methods of punishment have gradually evolved from the initial corporal punishment to more standardized types of punishment and punishment, which shows the gradual maturity of the concept of the rule of law. However, in the process of this evolution, there is no lack of blood and cruelty, which makes people have a deep reflection on punishment.
The doctrine of heavy punishment has achieved certain results in maintaining social order, especially in turbulent periods such as the Xia Dynasty and the Qin Dynasty, and has brought a certain stability to the maintenance of rule through strict punishment and strict laws. However, the article points out that excessive punishment may eventually lead to rebellion among the people, and even the outbreak of rebellion. The historical Chen Sheng and Wu Guang incidents are a vivid example of how people's strong antipathy towards unjust punishment eventually ignited social discontent.
With the continuous evolution of the concept of the rule of law, Confucianism and Legalism have blended with each other. The article mentions that the abolition of corporal punishment in the Han Dynasty was a big step towards humanism in the concept of the rule of law. In the following historical periods, especially during the Wei, Jin, Southern and Northern Dynasties, criminal punishments were gradually standardized, showing that the concept of the rule of law developed in the direction of leniency.
In modern society, the concept of the rule of law has undergone a more profound change. The article mentions that violent punishments such as corporal punishment and whipping were abolished during the ** period, and the law was gradually humanized. This shows that people are prudence and thoughtful about the means of punishment and are increasingly focusing on human rights and social justice. The article points out that the formulation and enforcement of today's laws are still influenced by the idea of heavy punishment, but it also reflects the strong vitality of the concept of the rule of law.
In general, this article clearly shows the development process of China's concept of the rule of law through in-depth historical investigation. From the idea of heavy punishment to the concept of the rule of law, each stage is a reflection and evolution of the society's governance methods in practice. In the process of this evolution, we have also seen the pursuit of justice, rationality and humanity by human beings, and the gradual maturity of the concept of the rule of law also reflects the society's respect for human rights and the pursuit of the rule of law.
The Evolution of China's Legal System: From Severe Punishment to Gentle Punishment.
The evolution of China's legal system is like a magnificent picture, from the ancient idea of severe punishment to the modern concept of humanism, witnessing profound changes in social concepts.
The rule of law in ancient times: the beginning of the doctrine of heavy punishment.
In the historical records, Sima Qian pointed out that Han Feizi "likes the study of punishment and magic, and it is attributed to the study of Huang Lao." This introduction reveals the complex convergence of the ideas of the ancient Hundred Schools of Thought. In Legalist thought, heavy punishment is considered to be the first to be classified as Taoist thought, and it has become a more extreme means for ancient rulers to govern a chaotic country.
The laws of the Xia Dynasty are embodied in the "Yu Punishment", as the first legal code in the history of our country, its basic content is mainly to sanction the behavior of criminals and Xi customary laws. However, the emergence of the five-punishment system, such as ink, slash, |, Gong, and Dabi show that the early punishment was mainly focused on the important body parts of the sinner, highlighting the rudiments of the idea of heavy punishment.
Legalism is prosperous: Shang Ying's transformation of the law and the separation of the five horses.
Shang Ying's reform of the law became the pinnacle of Legalist thought, and the harsh punishment he implemented, especially the division of the corpses of five horses, is considered an extreme move in the history of the rule of law. This kind of criminal law greatly regulated people's behavior, and achieved the goal of maintaining the unity and social stability of the Qin State through extreme punishment of criminals. However, the Shang Dynasty was also a model of doing more harm than good, which eventually led to the demise of the Qin Dynasty.
The Confluence of Confucianism and Law: The Swing of the Rule of Law in the Han Dynasty.
With the passage of time, Confucianism gradually became dominant in the concept of the rule of law. Although Confucianism was adopted during the Han Dynasty, it essentially continued the Legalist idea of heavy punishment. However, the abolition of corporal punishment during the reign of Emperor Wu of the Han Dynasty shows that the concept of the rule of law is gradually evolving in the direction of humanism.
Wei, Jin, Southern and Northern Dynasties: Trends in Criminal Law Norms.
During the Wei, Jin, Southern and Northern Dynasties, criminal law was extremely developed, and punishments were gradually standardized. The abolition of palace punishment has divided the types of punishment and punishment, marking the development of the concept of the rule of law towards a relatively benevolent trend. However, the existence of the system of exile and the system of clan sittings still highlights the cruelty and irrationality of the criminal law.
The Modern Rule of Law: The Rise of Humanism.
* The reform of the rule of law in the period marked a profound reflection on criminal law. Violent punishments such as corporal punishment and flogging were abolished, and the law was gradually humanized. The rise of the concept of the rule of law in modern times shows that people are paying more and more attention to human rights and social justice, and the concept of the rule of law is gradually developing towards leniency.
Conclusion: The evolution and progress of the concept of the rule of law.
The history of the evolution of China's legal system is a gripping epic, from the idea of heavy punishment to humanism, witnessing profound changes in social concepts. This evolutionary process is both a transmission of ancient wisdom and a reflection on the limitations of the past. With the continuous development of the concept of the rule of law, we look forward to the arrival of a more just and humanistic society under the rule of law.
Disclaimer: The above content information is ** on the Internet, and the author of this article does not intend to target or insinuate any real country, political system, organization, race, or individual. The above content does not mean that the author of this article agrees with the laws, rules, opinions, behaviors in the article and is responsible for the authenticity of the relevant information. The author of this article is not responsible for any issues arising from the above or related issues, and does not assume any direct or indirect legal liability.
If the content of the article involves the content of the work, copyright**, infringement, rumors or other issues, please contact us to delete it. Finally, if you have any different thoughts about this event, please leave a message in the comment area to discuss!