General situation of criminal law
In the early years of the Western Zhou Dynasty, there was criminal law, which was divided into "light code", "middle code" and "heavy code", collectively known as "three codes", to maintain its rule and social stability. In the middle of the Western Zhou Dynasty, the class contradictions were acute. King Mu of Zhou ordered Marquis Lu (also known as Fu Hou) to formulate "Lv Xing". There were five punishments, including Mo, Zhe, Zhe, Gong and Da PI, totaling 3000. Some said that there were 2800. According to the types of punishments, there were 1000 Mo punishments, 1000 zhe punishments, 500 zhe punishments, 300 palace punishments and 200 Da PI punishments. Although there may not be as many as 3000 articles in LV Xing, the secret of the legal net can be imagined.
Lu Xing
Lvxing is the code of the Western Zhou Dynasty, which mainly describes the legal principles, detailed redemption and general judicial system at that time. In order to ease the social contradictions and consolidate the ruling position of the Zhou royal family, the rulers of the Western Zhou Dynasty accepted the proposal of the minister LV Hou, abolished the harsh old law, and formulated an important code with the guiding principle of "clear morality and cautious punishment" and "making amendment and punishment". Because it was LV Hou who presided over the revision, it was called LV Xing. Lu Xing has been lost. There is an existing article "Lv Xing" in the book of history, which is an official document left by Marquis Lu after he made the law. As a code, the original version of Lvxing has been lost, but its relevant content has been preserved because of the chapter of Shangshu Lvxing. The content of Lvxing is divided into three chapters, totally 3000 articles.
The first chapter summarizes the background and reasons of making LV Xing. He also denounced that Miao people did not need to be benevolent. He said, "we should only do the punishment of five evils, saying the law." he abused the masses and killed innocent people. In order to remove the people's overhanging, it is necessary to formulate penalties to punish evil.
The second chapter provides the content of penalty and the principle and system of its application. As the main part of LV Xing, it elaborates the content and application of penalty. From "suierxiang punishment" to "pacifying the common people", it explains the purpose of making punishment; from "what to choose" to "not to reach", it explains the principle of using punishment, which focuses on choosing the right person; from "liangzao" to "Tianwei", it focuses on the procedure and system of handling cases; from "Mobi" to "3000", it talks about the amount and type of punishment of suspect, pardon and ransom; from "upper and lower comparing crimes" to "Youlun" From "punishment" to "punishment", it explains the principle of handling a case and the purpose of punishment; from "punishment" to "punishment", it explains the procedure of closing a case and the system of examination and approval.
The third chapter explains the significance and influence of Lvxing, and states that it is not easy for the princes and their descendants to abide by it. It is to admonish officials and their descendants to abide by this punishment.
Lu Xing itself can be said to discuss punishment on the basis of punishment, but it has no more specific record of the circumstances under which punishment is suitable. On the contrary, the crime that should be punished is stipulated in Zhouli in detail. Therefore, the study of the criminal law in the era of slavery must be carried out from the two aspects of propriety and punishment at the same time, so as to grasp its basic content and essential characteristics.
However, there is a view that this is neither a written code nor a direct result of this legal reform. It's just a historical record of this legal reform.
In "Shangshu · Lvxing", it is recorded that a person who violates the criminal law can hand in certain property and be exempted from certain penalty.
Archaeological evidence
In 1975, a bronze ware of the middle and late Western Zhou Dynasty, Xunzi, was unearthed in Dongjia village, Qishan County, Shaanxi Province. On the bronze ware, 157 characters were inscribed. It records that Boyang's father, an important Minister of the king of Zhou, dealt with a case according to the criminal law at that time. For falsely accusing his superior of Xunzi, a small official who worked as a cattle herder was sentenced to whipping 1000, tattooing, dismissing, or paying 300 yuan (copper) and whipping 500 yuan according to the code of the current Dynasty. Xun finally received Jin and made this bronze. The whole case was handled by strict litigation procedures, and the final closing statement was required, indicating that the legal procedures at that time were quite complete.
Guiding principle
The guiding principle of Lu Xing is "to punish with prudence in virtue in the Ming Dynasty". It abolishes the harsh old law and "revises punishment" and formulates this important code of the Western Zhou Dynasty.
Original name
LV Xing was revised by Marquis Lu, so it was called it.
Lu Xing in the book of history
Popular version
Lu ordered King Mu to train Xia to redeem his punishment and write LV Xing.
But Lu Ming, the king of the kingdom for a hundred years, Mao, wasteful for punishment, to heckle four. Wang said: "if there is a lesson in ancient times, Chiyou can only start to make trouble and extend it to the common people. He does not want to invade the bandits, but also does justice, treachery, rebellion and correction. Miao people use spirit to control punishment, but the punishment of five abuses is called law. Killing the innocent, so the beginning of prostitution for the Yi, Yi, Yi, Tsing. In the case of Yue Zi Li, punishment is combined with punishment. In order to cover the alliance, the people began to prosper and gradually lost their faith. If you abuse the power and kill the people, you will be innocent. When God supervises the people, there is no fragrance, but the punishment is fishy. The Yellow Emperor mourned for the slaughter of the common people, reported the abuse with authority, and suppressed the Miao people. His life is heavy and Li, and the Jedi are connected with heaven. After the group of catch in the next, clearly often, widowed and widowed without cover.
The Yellow Emperor Qing Dynasty asked the lower people whether they were widows or widows. Virtue is only fear, virtue is only wisdom. After three years of Naiming's life, he paid tribute to the people. Boyi brought down canons and punished the people; Yu leveled the soil and water, named mountains and rivers; Jijiang sowed seeds and cultivated Jiagu. After three years of success, only Yin Yumin. The scholars made the common people in the punishment, and only taught them morality. Mu Mu is above, Ming Ming is below, burning in all directions, not only neglecting virtue and diligence, so he is clear in punishment, leading the people to Yi. The end of imprisonment lies not in prestige, but in wealth. To be respectful, to be indifferent, to be selective. I am worthy of your life. "
Wang said, "ho! Is it not the only way for you to be a shepherd? What kind of prison are you? Is it not time for Boyi to spread punishment? What's the punishment? However, when the Miao people saw the beauty of the prison, they ignored the lucky people and regarded it as one of the five punishments. When the common people seized the goods, they broke the five punishments to disturb the innocent people. God did not blame the Miao people, and the Miao people did not refuse to punish them
Wang said, "Hoo Hoo! What a pity. My uncle, brother, uncle, younger brother, younger son and grandchildren all listen to me, and I have a special destiny. Today, I can't help comforting you and saying that you are diligent. Heaven is equal to the people, so that I can have one day. It is not the end but the end. Er Shang Jing disobeys heaven's order, so that he can serve me alone! Fear not, rest not. We should respect five punishments to achieve three virtues. If a person celebrates, it will be better for the people to rely on it. "
Wang said, "Oh! Come, there is a country, there is soil, Sue Er Xiang punishment. In today's Er'an people, how can they choose not to be human? He Jing, non criminal? What is the degree, and what is not? Two make have, teacher listen to five words. The five words of Jian Fu are just the five punishments. If the five punishments are not simple, the heaven will be punished; if the five punishments are not satisfied, the heaven will be punished. Five faults: only officials, only the opposite, only internal, only goods, only to come. The only way to punish them is to punish them!
There is amnesty in the doubt of five punishments, and Amnesty in the doubt of five punishments! There are many simple Fu, but there are many beautiful ones. No Jane does not listen, with Yan Tianwei. Mo PI was pardoned for suspicions, and he was fined a hundred yuan, which proved his crime. When the suspect is forgiven, the crime is only twice as serious as the crime. The punishment is double bad and the crime is proved. The court pardoned the suspect and fined him 600 yuan, which proved his crime. He was granted amnesty for suspicions and was fined a thousand yuan, which proved his crime. The penalty of Mo is thousand, that of Mo is thousand, that of Mo is five hundred, that of Gong is three hundred, and that of Da Pi is two hundred. Five punishments are three thousand.
Compare the crime between the upper and the lower, without blasphemy, do not use it, but observe the law, and try to overcome it! The upper punishment should be light, and the lower punishment should be heavy. We have the right to impose severe and severe penalties. Punishment is light and heavy in the world, but it is important to have ethics. Punishment is not death, but illness. It's not a sycophant to break the prison, but a good one. It's not in the middle. It's not the only way to judge. In the Ming Dynasty, the punishment was initiated, Xu Zhan was written, and Xianshu was upright. The punishment is the punishment, and the punishment is the punishment. If you succeed in prison, you lose. There are two kinds of punishment
Wang said, "Hoo Hoo! Respect! I'm afraid of the family name of Guan Bo. I respect punishment and have virtue but punishment. Today, CHO Xiangmin, as with the next. Ming and Qing Dynasties in single words, people's chaos, regardless of the two words in prison, no or private in prison two words! The goods in prison are not precious, but the government has done a lot to repay the common people. Never fear but punish, not in the sky, but in life. Heaven's punishment is not extreme, and the common people do not have orders. The government lies in the world. "
Wang said, "Hoo Hoo! Hei sun, where is the prison now, not virtue? Among the people, it is wise to listen! Philosopher only punishment, boundless words, belong to the five poles, salt in the Qing. He was punished by Wang Jiashi and imprisoned by Zixiang. "
Historical Records Edition
When there was discord among the vassals, they spoke to the king and made corrections. The king said, "come on! If you have state-owned land, you will be punished. In today's Er'an people, how can they choose not to be themselves, how can they respect not to be punished, and how can they live not to be suitable? Two make have, teacher listen to five words. Five words of simple letter, is in the five punishment. Five punishments are not simple, they are just five punishments. If you don't accept the five punishments, you will be punished five times. Five faults, the official prison prison prison, read its crime, but Jun its fault. There is amnesty in the doubt of five punishments and Amnesty in the doubt of five punishments. There are many simple letters, but the information is reliable. No doubt, a total of Yan Tianwei. The punishment rate is 100% and the punishment rate is 100%. He was forgiven for suspicions and punished twice as much as he did for crimes. The punishment is double bad and the crime is proved. The court granted amnesty for suspicions and punished him with a penalty of 500 yuan. The great amnesty for suspicions, the rate of punishment, read the actual crime. The penalty of Mo is thousand, that of Zhe is thousand, that of bin is five hundred, that of Gong is three hundred, that of Da Pi is two hundred, and that of Wu is three thousand. " The order is Fu Xing.
Translation
Popular version
When Marquis Lu was appointed minister, King Mu was in power for a long time, and his military discipline was old. He still widely sought to enact criminal law to prohibit the world.
Wang said: "in ancient times, there were instructions. Chiyou began to make trouble and spread it to the common people. All of them are plundered by bandits, run roughshod, make trouble inside and outside, fight for theft, cheat and steal. If the Miao people didn't comply with the government order, they used punishment to subdue them and made five kinds of laws. When the innocent were killed, they began to use wantonly the penalties such as Chu, Chu, Chu and Tsing. Therefore, the execution of killing, abandon the rule of law, not remission of innocent people.
"The Miao people cheated each other, and there was no trust, so they betrayed the oath. Those who were tortured and insulted all declared their innocence to God. When God inspected the Miao people, there was no fragrant moral government, and the criminal law only radiated fishy smell. Emperor Zhuanxu pitied many victims for their innocence, so he used threats to punish the torturers, to stop and eliminate the Miao people, so that they had no heirs in the world. He also ordered Chonghe Li to forbid the people of the earth and the gods from communicating with each other, so that the gods and the people could no longer go up and down. Gao Xin, Yao, and Shun were in succession. They all showed that they supported Chang Dao with virtuous people, so the sufferings of the lonely people were not blocked.
"Emperor Yao clearly heard the complaints of the lower people and the widows against the Miao people. Therefore, the promotion of the sage, the sage punishment, people are afraid to accept, the sage respect, people respect. He ordered the three ministers to serve the people carefully. Boyi promulgated the code to subdue the people with criminal law; Dayu leveled the soil and water, was responsible for the famous mountains and rivers, Houji taught the people to sow, and worked hard to plant crops. If we succeed after three years, we will enrich the common people. They also used fair punishment to control all officials and taught their subjects to respect virtue.
"Emperor Yao was respectful, and the three ministers worked hard to govern the affairs. No one was not diligent in moral administration, so they were able to manage the common people to support the common way. The officer in charge of punishment is not finally powerful, but benevolent. Respect and caution, and don't speak ill of yourself. They shoulder the virtue of heaven's benevolence, and they have created a good life, so they are entitled to the throne
Wang said, "ah! Princes of the four directions, aren't you the rulers of heaven? Now, what do you value? Isn't that the reason why Boyi imposed punishment? Now what are you going to use as punishment? That is, the Miao people did not observe the implementation of prison affairs in detail, did not choose good people, and monitored the justice of the five punishments. That is, they appointed those who were arrogant and plundered property, ruled the five punishments, and arbitrarily punished the Miao people for not being guilty. God did not forgive them, but sent disasters to the Miao people. The Miao people had nothing to say about God's punishment, so they cut off their heirs. "
Wang said, "ah! You should remember this lesson! My uncle, brother, uncle, brother Ji and young descendants all listen to me and may have a good life. Nowadays, none of you don't like to say that you are industrious. None of you can stop yourself from being industrious. When God governs the people and temporarily appoints us, it's up to man whether we succeed or not. You must respectfully accept the destiny to help me! Although you encounter terrible things, don't be afraid; although you can rest, don't rest. I hope you can use the five punishments carefully and cultivate these three virtues. If one person does good deeds, all the people will benefit, and the peace of the country will last for a long time.
Wang said, "ah! Come on! Princes and ministers, I tell you to make good use of criminal law. Now what do you choose to settle the people? Are you not lucky? What should we be careful about? Isn't it just punishment? What to consider is to judge whether it is appropriate?
"When both the plaintiff and the defendant are here, the judge will examine the five penalty speech; if the speech is verified to be credible, the five penalty will be used. If it can't be verified, it should be dealt with by five penalties; if it can't be dealt with by five penalties, it should be dealt with by five penalties. The disadvantages of the five faults are: the judge is afraid of power, repays gratitude and resentment, flatters his inner relatives, asks for bribes and receives requests. If you find the above malpractice, the crime of the judge is the same as that of the criminal. You must investigate it in detail!
"There are pardons in the cases convicted according to the five punishments, and there are pardons in the cases convicted according to the five punishments! It is necessary to verify the case from all the people, and there should be people who jointly handle the case. There is no punishment without verification, so we should revere the majesty of heaven together.
"If you feel suspicious when you are sentenced to ink punishment, you may be given a lighter punishment and be fined a hundred yuan. You should verify your crime. If you feel suspicious about the sentence, you may be given a lighter punishment and be fined 200 yuan. You should verify the crime. If you feel suspicious about the sentence, you may be given a lighter punishment, with a fine of 500 yuan, and the crime must be verified. If you feel suspicious about the palace sentence, you can be given a lighter punishment, with a fine of 600 yuan, and the crime should be verified. If you feel suspicious about the death penalty, you can be punished with a lighter punishment and a fine of 1000 yuan. You have to verify the crime. There are 1000 items of ink penalty, 1000 items of fine penalty, 500 items of fine penalty, 300 items of palace penalty and 200 items of death penalty. There are 3000 items in the five kinds of punishment.
"We should compare their crimes, not make false statements, not adopt laws that have been abolished. We should be aware of them, we should be in accordance with the law, and we should verify them! If the upper punishment is appropriate to be reduced, the first-class punishment will be reduced; if the lower punishment is appropriate to be aggravated, the first-class punishment will be added. The severity of various penalties allows some flexibility. The penalty is light and heavy, the same or different, has its order and outline.
"Although the penalty does not kill people, the people who are punished still feel sick and suffering. It's not the Sophists who try the case, but the kind-hearted people who try the case, so there is no injustice and rationality. If we examine the confession from the point of contradiction, the prisoner who disobeys will also obey. We should judge litigation cases with pity, examine criminal records clearly and consider each other, all of which should be based on justice. When it comes to punishment, we need to be careful! If we want to make a decision on a case, people will be convinced; if we change the decision, people will also be convinced. The key to punishment is discretion. Sometimes, the two crimes can be considered together and only one can be punished. "
Wang said, "ah, be careful! Princes and officials of the same surname should be wary of my words. I attach great importance to punishment, which is also good for the common people. Now God helps the common people. You are the match of heaven below. We should be aware that the governance of the common people lies in the fair trial of the litigious words of both parties, and we should not be greedy of the litigious words of both parties! It's not a good thing to accept bribes in prison proceedings. It's a matter of getting guilty. I will punish these people for their crimes. What is always terrible is God's punishment, not the unfairness of heaven's way, but people's own termination of heaven's destiny. If the punishment of heaven is not imposed on them, the people will not know that there is good politics in the world. "
Wang said, "ah! My descendants, what shall I supervise from now on? Isn't it good? We should be aware of the verdict on the case of the common people! In order to govern the common people, we should apply the penalty so that the endless lawsuits can be combined with the five punishments. If they are fair and appropriate, we will be blessed. If you accept the good people who govern me, be aware of this auspicious punishment! "
Historical Records Edition
When some of the princes were not friendly, Prince Fu reported to King Mu and made a criminal law. King Mu said, "Hey, come here! You have princes of the state and ministers of land mining. I will tell you a perfect criminal law. Now, what should you choose to appease the people? Are you not virtuous people? What should be taken seriously, not criminal law? How to deal with all kinds of affairs, isn't it proper to use penalty? The plaintiff and the defendant are all here. The warden tries the case by observing the words, the face, the breath, the expression when he listens and the expression when he looks at people. The results of the five kinds of interrogations are beyond doubt. They are judged according to the provisions of Mo, Yi, bin, Gong and Da PI. If the five punishments do not conform to the law, it should be judged according to the five punishments of atonement with money. If it is not appropriate to use the five penalties, it should be judged according to the five kinds of negligence. Judging according to five kinds of faults will produce disadvantages, that is, relying on official power, taking the opportunity to repay kindness and resentment, intervening through the favored women in the palace, offering and accepting bribes, and being entrusted by others. In such cases, even the senior officials and nobles should find out the facts of the crime and sentence them the same as the criminals. If there is any doubt about the crime of five punishments, it shall be reduced to five punishments; if there is any doubt about the crime of five punishments, it shall be reduced to five punishments; it must be verified clearly. It should be verified among the people, and the result of the trial should be consistent with the facts. If there is no conclusive evidence, don't doubt it. We should respect the authority of heaven and don't use punishment easily. If there is any doubt about the penalty, the offender may be reduced to 600 liang of brass. However, it should be carefully verified. If he is really guilty, he should also be punished. If there is any doubt about the sentence of cutting one's nose, the penalty can be reduced to 1200 taels of brass, which is twice as much as ink. However, it should be carefully verified. If one is really guilty, he should also be punished. If there is any doubt about the sentence of removing the kneecap, the penalty can be reduced to three thousand taels of brass, which is one and a half times as much as the sentence of removing the kneecap. However, it should be carefully verified, and if it is really guilty, the penalty should be imposed. If there is any doubt about the court punishment for destroying reproductive function, the punishment can be reduced to 3600 taels of brass, but it should also be carefully verified. If it is really guilty, it should be carried out. If the sentence of beheading is brilliant and there is doubt about it, the penalty can be reduced to 6000 taels of brass, but it should also be carefully verified. If the crime is confirmed, it should also be carried out. There are 1000 articles on the five punishments, including ink punishment, 1000 articles on the penalty of death, 500 articles on the penalty of death, 300 articles on the penalty of palace, and 200 articles on the penalty of great creation. Because this set of criminal law was put forward by Fu Hou, it is called Fu Xing.
Date of formulation
In the study of the legal history of the Western Zhou Dynasty, LV Xing plays an important role. If we want to discuss the system of one generation, we must first distinguish the authenticity of its historical materials. Therefore, it is an indispensable link to study the legal system of the Western Zhou Dynasty to study the date and the content of LV Xing. Shangshu Zhengyi, which is included in the annotations to the thirteen classics (Ruan Yuan's collated version), originated from Shangshu of Confucius' ancient prose. This is the earliest version of Shangshu that we can see today. Since Wu Qi of Song Dynasty questioned its authenticity, several generations of scholars have proved that it is a fake Shangshu of Confucius' ancient prose. However, there are also authentic works in the false trust. The academic circle has concluded that there are 33 pieces in the Confucian classics originated from Fu Sheng's biography in the Han Dynasty, and LV Xing is one of them.
