During the Warring States Period, Shang Ying served as the left chief of the Qin State and implemented the law reform twice. For the first time to change the law, Shang Ying proposed a system of joint sitting:"If the punishment is heavy and the crime is combined, the people who are anxious will not litigate, the people who are very rigid will not fight, the people who are lazy will not swim, the people who spend money will not do it, and the people who are clever and disgusting will not change.
During the Spring and Autumn Period and the Warring States Period, the Qi State was the first to implement the Shiwu Lianza, and then the Liang State and the Wei State followed suit. During the period of Qin Xiaogong, the Shang Dynasty made changes in the Qin State toThe Book of LawsThe six articles are the blueprint, and the law is changed to the law, and it is proposed".Let the people be the soldiers, and the people will be reaped together".
The method of joint sitting is the understanding of human beings in the whole country and even in the pre-Qin period of their own society, politics, economy and culture and their objective laws. Under the vigorous and resolute implementation of the Qin king, it rapidly increased the combat effectiveness of the army and reduced the cost of the ruler's control over society. It made the Qin State leap from a weak country in the Warring States to a strong country, laying a solid foundation for the subsequent unification of the six countries.
Great Qin Empire TV series stills).
Zhao Gao, the prime minister of the second emperor of the Qin Dynasty, served as the commander of the CRRC government, and concurrently carried out the Fu Xi order, "more than 20 years in charge". In the Dune coup, he conspired with Prime Minister Li Si to forge an edict to force Fusu, the eldest son of Qin Shi Huang, to commit suicide and support Qin II. In 208 BC, he designed to kill Li Si, and later forced Qin II to commit suicide and set up Ziying as the king of Qin. Soon he was designed by Ziying and killed him in the temple. “The three clans of the Gao family were martyred in Xianyang.
In the ninth year of the reign of King Qin, Changxin Hou Chang Yu launched a palace rebellion, and was sent by King Qin to quell the rebellion, and later sentenced Chang Yu and his henchmen to ".The car cracked to extinguish its sect"The punishment is like Tingwei Li Si, because Zhao Gao falsely accused him of rebellion with his son Li You, and suffered."Yi three tribes。Lü Buwei asked lewdly, will".His children and grandchildren are recorded, and they are not allowed to enter the eunuchs.
During the reign of King Qin, Shang Ying made a series of changes to reform and develop the Qin State, among them, he proposed the system of joint sitting. February** Dynamic Incentive Program
"Let the people be a soldier, and the shepherd shall sit together, and the adulterer shall be beheaded without accusing him, and the adulterer shall be rewarded with the beheading of the enemy, and the adulterer shall be punished with the one who surrenders to the enemy."
"Those who abide by the law and perform their duties will not be forgiven for their crimes, and they will be punished by the three tribes. The people of the Zhou officials, those who know and treacherously are exempt from sin, have no nobility and cheapness, and attack the official of their officials, Tian Lu. ”
The thieves of the Qin State were rampant for a while, the merchants pursued profits, and the changes of the Shang Dynasty were powerful and measured, and the system of continuous sitting maintained the ** of the King of Qin at that time, and finally suppressed the merchants and heavy farmers, and the road was not left behind.
Shang Yang Statue)"Historical Records".Loaded:
"The Qin people are all ordered, and after ten years, Qin Minda said that the Tao does not know the heritage, and there are no thieves in the mountains. ”This system, for the Qin State, which unified the world with years of conquest, strengthened the management and rule of the army, improved the combat effectiveness of the Qin army from the perspective of the legal system, and helped the Qin king to rejuvenate the country and stabilize the country.
The joint sitting system reduces the negative effect of emotional trust between monarchs, ministers and commoners, which is directly related to the trade-off of interests, reduces the cost of control over society by the ruler.
Shang Ying's summary of the method of continuous sitting in the pre-Qin period reflected the punishment effect that was better than before, and was naturally favored by the Qin Dynasty.
Relatives sit together, that is, family members sit together, some scholars start from Qin Jian, and define it as "a person living together in the house, if one person in the family violates the Qin law, it will involve the other cohabitants to be guilty, and in the Qin period, the family members sit together, as the historical records say, one person is guilty and sits in his family." ”
There are four types of family members of the Qin DynastyFirstIt is a husband and wife sitting togetherSecondIt was the wife of the prisoner who sat togetherThirdIt's sisters and brothers sitting togetherFourthIt's a family sitting.
among othersIf you sit together as a family, it will be extended to the descendants of the entire clan. This system greatly maintained the ** rule of the feudal imperial power, and severely punished all the rebels who had bad intentions and bullied others.
The perfection of joint sitting, not only involves relatives, but also regional sitting, job sitting, military sitting, as small as relatives and neighbors, as large as the national army, all of them sit together, a break in the law, Qin law 18 kinds, the perfection of details, will punish pervasive, want to defy the law, there is no opportunity.
After talking about civil affairs, let's talk about commercial matters. Qin's governance of economic criminals is also a crime of conspiracyto maintain economic and social stability.
During the Qin Dynasty, money and cloth were both currency for circulation, but they were easy to consume in the process of circulation, resulting in the people tending to keep those heavier money and better cloth, which would inevitably lead to the detention of light money and residual cloth in the long run, and the circulation function of currency could not be realized, which would undoubtedly affect the normal social and economic development of the Qin Dynasty.
In order to put an end to this phenomenon, Qin Law stipulates:"Those who choose to make money cloth are told by the captain of the army, and the officials are not careful, and they are all innocent. That is, if the captain of the army (Wu Lao) does not expose the behavior of the Wu people's choice of money and cloth, he must also bear the joint responsibility.
This law has been promulgated, which restricts businessmen from not abiding by the rules of trading in the process of buying and selling, disputes are not managed, and those who fish in troubled waters disrupt the financial market. As a result, Qin was in the process of reforming, and the economy developed steadily for a while.
Schematic diagram of the battle of the Six Kingdoms of Qin).
Compared to the later Han Dynasty"Please", Wei, Jin, Southern and Northern Dynasties"Eight discussions", as well as those of the Tang DynastyDiscussion, request, reduction, redemption, and whenand other systems, Qin Dynasty"Law-based"The concept of the rule of law is undoubtedly on the opposite side of the privilege system, and the concept of respect and inferiority of the relatives is abandoned.
"Han Feizi".Cloud:
"If it is sincere and meritorious, it will be rewarded even if it is sparse and cheap; If you have been sincere, you will be punished even if you love it. ”This characteristic of the legal system is also clearly manifested in the system of joint sitting. For example, the Qin Law stipulates that the crime of theft should be convicted according to the value of the stolen goods, and the family members of the co-sitted should determine the severity of the punishment according to whether they knew about it and how much share they shared with the criminal. However, if the relatives report the adultery in advance, the family members will not be co-ordinated. Another example is in the military"Death grows long, deserved; If you don't die, you will be rewarded: if you don't die, you won't be able to die, and your family will be disabled. "That is, if you destroy an enemy and destroy an enemy, you will be rewarded if you destroy the opponent and you don't. On the contrary, the generals will be killed and disabled.
This system of joint sitting, with clear rewards and punishments, makes it possible for members of society to have only interests with each other, and there is no benevolence without benefits. Even if it seems that there is mutual affection between family members and neighbors, when it comes to crime and war, people have to leave all friendship, and the members of society are measured by merit and demerit, and if they do not have merit or demerit, they are implicated and punished. In this way, family members, generals and soldiers, and monarchs and subjects are all included in the category of gains and losses, and the fetters brought by benevolence and righteousness are avoided.
The system of sitting-in-the-table weakens the negative effects of emotional relationshipsIt has made people understand the law, and whether it is relatives, officials at higher or lower levels, or marching and fighting, they have implemented the strict legal concept of judging punishment and reward by merit. Because of the law, people must abandon the concept of clan respect and humility in their hearts, dare not break the law because of the law, have the courage to make meritorious contributions, and better serve the rule of the feudal Qin Dynasty.
Shang Ying persuaded the King of Qin to change the law).
Take the crime of theft, which the Qin Dynasty attached the most importance to, as an example"Xunzi Self-cultivation".It has been pointed out:"Stealing is called stealing
In the Qin Dynasty, theft was a felony, so the Qin Jianzhong had a considerable proportion of the types of theft and the provisions that punished theft, and the direct objects of its infringement were very rich, and the crimes involving property infringement and family members were mainly thefts.
Such as: money, sacrifices, cattle, sheep, etc. And clearly stipulated"Those who steal and sin should sit together in the same place. ”'This means that a crime such as theft has been committed, and the person with whom the cohabitant is cohabited is subject to joint sitting.
It is worth mentioning that the theft in the Qin law is to distinguish between the subjective knowledge of the family and how to convict and punish the objective participation
"The husband stole 300 dollars and sued his wife...If it is not the former palace (also), it should be received; His predecessors are guilty of the same crime. The husband steals 200 money, and the wife hides 110, but (what) can talk about the wife? Wife wisdom (knowledge) husband thief, one hundred and ten for theft; Fu Zhi (know), for the subtraction (臓). ”It can be seen from this that the law of joint sitting is not indiscriminate, and this relatively fair system has played a good role in restraining the social phenomenon of rampant banditry, and only then did the Great Qin Dynasty have a strong governance of banditry.The public ancestral hall is not boudoir, stealing its tools, and the following resistance is a subordinate. ”
"The thief enters the armor room, the thief injures the armor, the first number of the Kou, its neighbors, the pawn, and the old are all out of existence, and they don't hear the horn, so should they be asked? ”Qin Jian records that in the governance of a county, a thief entered a house to steal, injured the family, the head of the household called for help, but there was no one around, and finally the head of the household was robbed, but fortunately the thief was caught.
In this matter, it was originally enough to punish the thieves, but the Qin Law system made it more stringent. In the joint sitting system, if there is no one around, there is no need to be held accountable, but even if Li Dian and Wu Chang are not at home, they will be punished.
The crime of obstructing the order of social management in the Qin Dynasty).
This system can not only severely punish thieves, but also alert the local people to strengthen the management of county security. With strict laws, in exchange for the long-term peace and stability of the entire county.
Over time, the Qin dynasty became unrelenting and brought more effective results to the highly centralized rule of the Qin dynasty.
This system, from the perspective of today's society, can still be a wake-up call. With the system of joint sitting or accountability, restrain the grassroots, achieve more reasonable and legal social management, so that lawbreakers have nothing to hide, instead of relying on nepotism and escaping responsibility!
crimes against property and persons in the Qin Dynasty).
According to incomplete statistics, the Qin Dynasty implementedThe name of the punishment for joint sitting, including:clan, exile, spring head, with the same crime, car split, collection, emigration, patience as a vassal, punishment as a ghost salary, by his access to his children as officials, Fei Jia Fei Dun, ransom, answer, dismissal, patience to wait for punishment, unpreparednessWait a minute.
This is counted under the condition that historical books and bamboo slips can be verified, but there should be many crimes that have not been recorded, which shows the strength of Qin Law's enforcement of Lianzai.
The Qin Dynasty was famous for its cool officials, mainly because various criminal laws emerged in an endless stream and were extremely harsh, which discouraged prisoners and played a deterrent role in governance.
Among them, corporal punishment,黥 (or ink), slash, 刖 (or toe chopping), GongThe four punishments, car splitting, to dismember the criminal's body, tying the prisoner's head and limbs to five chariots respectively, putting horses on it, and pulling it in different directions to tear the human limbs.
The severity of the criminal law is terrifying.
If the circumstances are serious, it may even be tortured with five punishments, such asHanshu Criminal Law ChroniclesThere are clouds:
"When the three tribes of Yi are killed, slashed, cut off the left and right toes, and flogging, the head of the sword, and the flesh and blood in the city. Those who slander and curse will first cut off their tongues, so they are said to have five punishments. ”The joint sitting system, while restraining and governing lawbreakers, uses various punishments as derivatives of law change, and seeks a practical and effective result for the system. This strong executive power enabled the Qin Dynasty to achieve a high degree of unity and effective governance while improving the legal system.
Punishment of the Qin Dynasty).
Although the criminal law was too severe, for the ambitious Qin king at that time, whether it was the attack of the unification of the six kingdoms in the early stage or the highly centralized defense of imperial power, it perfectly helped the Qin emperor to complete the governance of his feudal dynasty.
From the beginning of the Shang Dynasty reform to the implementation of the joint sitting system, in just a few months, it was swift and powerful, not only making the first person conscientious and conscientious in his duties, but also imposing strong punishment on the prisoners. Everything is strong because of execution.
The death penalty of the Qin Dynasty).
After years of fighting, Qin Shi Huang finally unified the six countries and established China's first unified feudal dynasty. Although it is relatively peaceful, the class contradiction is still the main contradiction in society.
The reform of the Qin Shang Dynasty, especially the introduction of the joint sitting system, showed a social effect while maintaining the unification of feudal imperial power. Psychologically, it strengthens the sense of family and group, and in terms of social structure, makes the family group relatively independent.
The introduction of a system will inevitably have both advantages and disadvantages, and while the rewards are clear and strictly controlled, it also implicates the innocent, resulting in the continuous use of cool officials, Qin Zhi**. Shang Ying finally cocooned himself and embarked on the road of the whole clan's car splitting.