Su Shi, also known as Zizhan and Hezhong, was also known as Tieguan Taoist and Dongpo layman. He was known as Su Dongpo and Su Xian in the world. Regarding Su Shi’s classic poems and articles, everyone is welcome to learn from them!

1. You can see the west mountain and Chadai Mountains, and the east field and Silla. "Dengbiao Hai Pavilion"

2. Under the courtyard, it looks like accumulated water, empty and empty. The water is crisscrossed with algae and covered with bamboo and cypress shadows. ——"Night Tour of Chengtian Temple"

3. I want to send thousands of tears of lovesickness, but they cannot be shed, Chu Jiangdong. "Jiang Chengzi"

4. Eat 300 lychees a day, and grow up to be a Lingnan native. "Two Poems on Food and Lychees"

5. I always regret that this body is not mine, when will I forget Yingying? "Linjiang Immortal"

6. The river and the mountain are so unrequited that the river god is surprised and makes me stubborn. "Visit to Jinshan Temple"

7. Looking at each other without words, only a thousand lines of tears. "Jiang Chengzi·Dreams on the Twentieth Night of the First Month of Yimao"

8. I don't hate the nine deaths in the southern wilderness, but I am here to travel to the wonders of my life! "Crossing the Sea on the Night of June 20th"

9. Those who accomplished great things in ancient times not only had extraordinary talents, but also had perseverance. ——"Chao Cuo Lun"

10. Who said there is no less in life? The flowing water in front of the door can still reach the west. "Huanxi Sand"

11. I feel sleepy even though I am sleepy on the long road, and when I am high in the sun, I am thirsty and think about tea. "Huanxi Sand"

12. Wandering at the end of the world brings endless thoughts! We met, but in a hurry. "Jiangchengzi"

13. The river flows with sound, the bank is broken for thousands of feet, the mountain is high and the moon is small, and the water falls and rocks appear. ——"Ode to the Later Red Cliff"

14. If you want to compare the West Lake to the West, it is always appropriate to wear light makeup and heavy makeup. "Drinking the First Sunny and Later Rain on the Lake"

15. Wealthy grass appeared on the head during life, but flowers on the romantic streets behind him. "Flowers on Moshang"

16. The world is a big dream, and there are several cool autumns in life. "Moon over the Xijiang River"

17. Taste in the world is pure joy. "Huanxi Sand"

18. Everywhere in life is similar, it should be like a flying dragon stepping on slush. "Hezi's Nostalgia from Mianchi"

19. Looking back at the desolate place where I came from, there was neither wind, rain nor sunshine when I returned. "Ding Feng Bo"

20. The great river goes eastward, the waves are gone, and the romantic figures of the ages are gone. "Niannujiao·Chibi Nostalgia"

21. Please take a day off to visit Banyuequan. Who used his big hand to break through the water and the sky "Su Shi, Cao Fu, Liu Jisun, Bao Chaomao, Zheng Jiahui, and Su Gu traveled together in Banyuequan, March 11th, the sixth year of Yuanyou"

22. Thousands of miles of lonely graves, Nowhere to speak of desolation. "Jiang Chengzi·Dreams on the Twentieth Night of the First Month of Yi Mao"

23. People come with letters like autumn and Hong, and things are like spring dreams without leaving a trace. "On the 20th day of the first lunar month, I went out with Pan and Guo Ersheng to find spring in the suburbs. I suddenly remembered that I went to the Queen's City to compose a poem on the same day last year, which is the rhyme with the previous one."

24. Bamboo sticks and mango shoes beat horses lightly. Who is afraid? A coop of mist and rain will last a lifetime. "Ding the Storm"

25. Who embellishes the scattered clouds and the bright moon, making the sky and sea clear. "Crossing the Sea on the Night of June 20th"

26. The flowers on the road bloomed and butterflies flew, and the country was still different from the past. "Flowers on Moshang"

27. If you look closely, you will see that they are not poplar flowers, but the tears of separation. "Water Dragon Song"

28. Who is alone with me during the Mid-Autumn Festival, looking northward sadly? "Moon on the West River"

29. Life is like a dream, and a statue (tong "zun") returns the moon on the river. "Niannujiao·Chibi Nostalgia"

30. People have joys and sorrows, separation and reunion, and the moon waxes and wanes. This matter cannot be solved in ancient times. "Shui Tiao Ge Tou"

31. It is not shameful for a person to wear a hairpin when he is old, but he should be ashamed to wear a hairpin on an old man's head. "Peony Appreciation at Kichijoji Temple"

32. A few peach blossoms outside the bamboo are a prophet of the warmth of spring river water. "Huichong Chunjiang Xiaojing"

33. Picking up all the cold branches and refusing to live on them, the lonely sandbank is cold. "Bu Shuanzi·Residence at Dinghui Yuan in Huangzhou"

34. There are few willow trees blowing on the branches. Where in the world is there no fragrant grass? "Butterflies in Love with Flowers"

35. The misty rain in Lushan Mountain and the tide in Zhejiang, I can't bear to wait until it arrives. "Smoke and Rain in Lushan Mountain"

36. The laughter gradually fades away and becomes quieter, but the sentimental one is annoyed by the ruthlessness. "Butterfly Loves Flowers"

37. He can draw the eagle bow like the full moon, look northwest, and shoot at the wolf.

"Jiang Chengzi·Hunting in Mizhou"

38. The boat passed away from then on, and the river and sea left the rest of my life. "Linjiang Fairy"

39. The black wind blows from the sky and the sea stands, and the rain comes from east Zhejiang across the river. "Heavy Rain in Youmeitang"

40. Don't say that everything will be empty when you turn around. When you don't turn around, it's all a dream. "Moon over the Xijiang River"

41. The misty rain in the south of the Yangtze River is lying on the pillow, and the lone star is gone. "Shui Tiao Ge Tou·Huangzhou Kuaizai Pavilion Presented to Zhang Xiquan"

The Criminal Law Thoughts of the Great Writer Su Shi

Su Shi is considered to be a great writer and artist throughout the ages. He wrote Immortal masterpieces such as "Ode to the Former Red Cliff" and "Happy Rain Pavilion" have moved generations of Chinese people with their broad mind that embraces the mountains, rivers and universe, and understands the world and human feelings. In fact, Su Shi's achievements were not limited to literature, nor just calligraphy and painting. He also extensively dabbled in traditional Chinese medicine, Taoism and Buddhism, music and dance, astronomy and museums, and even food and cooking, and he was successful in every field. Su Shi himself became a legend because of this. What is less noticed is that Su Shi also had a lot of discussions on the governance of criminal law. These discussions did not originate from meditation or fantasy, but were closely related to his many years of political experience and his experience of being repeatedly framed. Therefore, many of his discussions The views reflect unique legal wisdom.

Legislation should be concise

Su Shi believed that legislation should be concise. Only by concise laws and strict implementation can we prevent subordinate officials from practicing fraud. In the early Song Dynasty, the "Xingtong" was formulated, which followed the content of "Tang Code" and was a relatively lenient and simple code. With the unification of the country, the land area under its jurisdiction has become larger and larger, the number of people has increased, and political affairs have become increasingly complex, so laws and regulations have gradually become more detailed. During the reign of Emperor Renzong of the Song Dynasty, the ministers "conveniently wrote down all their affairs, and if there were any unspecified matters, they would legislate again, which had been accumulated for a long time and led to chaos" ("Memorandum of Famous Officials of the Song Dynasty"). In order to adapt to the changes in society, the Song Dynasty created the legal form of "compiled edicts". With the development of society and economy, the number of codified edicts was continuously promulgated. By the time of Zhenzong of the Song Dynasty, there were more than 18,000 edicts, and thereafter dozens or even hundreds were added every year. By the time of Renzong, the number of compiled edicts was already considerable. After Emperor Shenzong of the Song Dynasty pioneered the system of unified and unified compilation of edict formats, the complex features of laws and regulations became more prominent. Wang Anshi once sharply criticized: "Edicts are like hairs, and they are changed day by day, which is not the way to govern a country." ("Collected Works of Mr. Linchuan") Su Shi He also disagreed with the harshness of laws and regulations. In his article "Jue Yingshi", he compared the rule of law in the Han, Tang and Song dynasties and pointed out: The problem with the rule of law in the Han and Tang dynasties is that the legislation is not clear enough and the enforcement of the law is not strict, resulting in officials not being strict. Laws and regulations are used to achieve rule, so subordinate officials and villains can take advantage of legal omissions to do evil. The legal system of the Song Dynasty was detailed and complete, and its implementation was very strict. People all over the world knew that they must abide by the laws. However, in the Song Dynasty, there was still a phenomenon of violating the law and doing evil. The reason was that the officials were playing tricks. For example, if a powerful official wanted to exclude someone, he could accuse him of violating the law as long as he found out the details of his violation of the law; People who want to give or protect can use certain laws to justify and liberate them, so the laws have become a tool for villains to commit evil and adultery. Precisely because some unjust officials seek profit from the law and use their power for personal gain, the goal of kingly justice and peace is difficult to achieve, and the ideal of the people of the world being free from injustice without complaint cannot be realized.

From the rule of law to the rule of man

Su Shi’s discussion of the complexity and simplicity of laws and the realization of good governance inherently embodies a dialectic. If the laws are too rough, it is easy for unjust officials to take advantage of their loopholes and commit fraud; while the one-sided pursuit of strict laws and regulations will also fail to prevent individual officials from playing with the legal provisions and committing illegal crimes. How to fundamentally solve this paradox, Su Shi believes that it is necessary to move from governing the law to governing people, that is, "it is better to leave people alone to save trouble." Su Shi discovered from his political experience that the political affairs of the Song Dynasty were complicated, but most of the power was concentrated in the central government, especially in the Zhongshu Province and the Third Bureau. Therefore, there were many demands and requests from many parties, and the disadvantages of corruption and bribery arose during this process. The Zhongshu Province is not good at employing people and concentrates complicated affairs into one place. Many times, it hastily decides to punish or reward local officials without even having time to read their reports; This demanding that counties must comply with this, and the transfer envoys that should be responsible for it are almost abandoned. Therefore, he suggested that it would be better to assign many affairs in the world to hundreds of officials to handle, and Zhongshu Sheng would only be responsible for grasping the key points. The money and valley finances of counties and counties are all controlled by the transfer envoy division, while the third division only needs to verify the accounts.

These shortcomings are difficult to overcome through strict laws and regulations alone. The most fundamental thing is to know people and assign them well, rationally distribute excessive concentration of power, carefully select talented officials, and at the same time, let law-abiding and efficient officials start from the top. Achieve the above rate.

Advocate the implementation of benevolent government

The ancient legal system was mainly based on criminal law. As far as criminal law governance is concerned, Su Shi opposed one-sided harsh punishments and heavy laws, and advocated lenient and simplified penalties and the implementation of benevolent government to expand people's livelihood. way to achieve good governance. When he participated in the joint examination in his early years, Su Shi explained his views on punishment and rewards when faced with the topic "On the importance of loyalty and honesty in punishment and reward" given by the examiner Ouyang Xiu. He started from the Confucian concept of benevolent government and believed that excessive reward would exceed "benevolence", while excessive punishment would lose "righteousness". If you surpass benevolence, you are still a gentleman, but if you lose "righteousness", you will become a cruel and unscrupulous person. Punishment requires the use of swords and saws, which means that the power of punishment is tied to the sword and saw. Therefore, it must be applied to places where the power of punishment can be reached. If punishment is applied indiscriminately, it will not only be unhelpful to rule, but will also damage the majesty of the criminal law. Therefore, Su Shi advocated the prudent application of punishment. To prove this proposition, he even cited the "allusion" of Emperor Yao: When Yao ruled the world, Gaotao was the official of the prison and was about to execute a certain criminal. Gaotao The execution was prepared three times, but Emperor Yao "pardoned" the criminal three times. Although there is no such allusion in ancient books such as "Zuo Zhuan", Su Shi deliberately used it to illustrate the importance of careful use of punishment.

Su Shi highly praised the good governance of the Han Dynasty in Wen and Jing Dynasty, which was "without punishment", and opposed the fine-grained punishment and harsh punishment to govern the people. He compared the criminal law from the Han, Tang and Song dynasties, saying that the Emperor Gaozu of the Han Dynasty had three chapters on the law and Xiao He's nine chapters. By the time of Emperor Wen Jing, no criminal measures were used, but the country could still be well governed and the people were well governed. Since the Wei and Jin Dynasties, the number of criminal law provisions has increased day by day, with 26,000 articles used to judge crimes. There are many articles, all kinds of crimes still emerge in endlessly, but ordinary people are almost at a loss what to do; in the Tang Dynasty, only laws and regulations were used, and in the early Song Dynasty, the laws and regulations were annotated to make them both reasonable and reasonable, and more in line with the reality at that time, but later various "Essays" Edicts were promulgated one after another, and there were so many criminal law provisions that it was difficult for ordinary people to read them all, and it was even more difficult for ordinary people to make detailed considerations in accordance with the laws. Big problems arose in the implementation of the laws. He also cited the "Book of Changes" and believed that the monarch should use correct methods to govern the country and manage finances, issue orders with legitimacy, and prohibit subjects from doing evil, which is in line with justice. The monarch issues legal provisions at will based on his own interests, causing the criminal law to become increasingly complex and the people to be at a loss, which is naturally contrary to the requirements of the rule of law of justice.

Advocate the use of punishment to educate

The complexity and simplicity of criminal law, the ratio of punishment to reward, and the severity or leniency of punishment are actually mostly forms of the rule of law, and the fundamental purpose of the rule of law It also lies in assisting in the realization of good governance. Su Shi also has his own unique views on this. On the one hand, Su Shi advocated using punishment to teach, and opposed punishing people without teaching. Taking Yao, Shun, King Wen of Zhou, etc. as examples, he exhorted monarchs to govern the world like loyal elders and truly treat the people under their rule as their "subjects": If the people have done anything illegal or criminal, they should follow the rules The decree punishes him. But at the same time, you need to comfort him and admonish him with compassion, in order to make him abandon his past mistakes and encourage him to take the right path again.

On the other hand, Su Shi proposed that one should not rely solely on harsh punishments and harsh laws, but should eliminate the social causes of crime. In his article "Criminal Government", he took the ban on salt, iron, wine and tea since the Han Dynasty as an example, and pointed out that the government blindly competed with the people for profit and did not give the people room to survive, which was an important reason for repeated bans on thieves. Su Shi pointed out that the people are the foundation of a country, and punishments that lack legitimacy are hated by the people. In order to amass wealth for a small group of people, using harsh punishments to harm the people will inevitably shake the foundation of the country. The lack of livelihood for the people will also affect the stability of the border areas, thereby damaging the security of the country. He quoted the words of Zhao Chongguo, a famous general in the Western Han Dynasty, as evidence: The price of rice in Huangzhong is only 8 cents. If I buy 3 million dendrobium, the Xiqiang people will not dare to move. Once people's livelihood problems are solved and people live and work in peace and contentment, there will be no need to rely on harsh criminal laws, and peace will be achieved on the border. By extension, the monarch should widely apply benevolent policies and simplify criminal laws so that the people of the entire country can have "enough food and clothing", crimes such as theft and theft will naturally be reduced, and good governance can be achieved.

The "underground" of the rule of law

Due to the continuation of the "Luxue" of the Wei and Jin Dynasties and the legal code of the Tang Dynasty, the legal system of the Song Dynasty was relatively complete as a whole, but it was still There are many problems, the most prominent of which are the frequent formulation and revision of laws and the strict legal network. The governance of a country is indeed inseparable from a considerable amount of legislation, but the quality of governance is not necessarily directly proportional to the number of laws. Excessive pursuit of the number of legal provisions is not conducive to governance. It was Su Shi who saw the shortcomings of the complicated legislation of the Song Dynasty that he proposed that the laws must be concise and prohibit the subordinate officials from using their own language. This should also be supplemented by the selection of suitable officials, so that good laws and good governance can ultimately be achieved.

Su Shi’s benevolent and lenient criminal law thoughts are closely related to his Confucian ideological background. Su Shi's academic thoughts were very complex and involved various schools of Confucianism, Buddhism and Taoism, but Confucianism was undoubtedly the foundation of his legal thoughts. Confucianism advocates "benevolence and righteousness" and advocates putting the people first, treating the people under the rule as one's own subjects, and treating them generously. Reflected in the criminal law, punishments are cautious and light. Punishment is not for revenge, but to educate and reform criminals. This is the main line of Su Shi's view of criminal law. Su Shi's opposition to Wang Anshi's reform was essentially a reflection of Confucianism. As a legalist, Wang Anshi advocated "changing power with time and establishing good laws", that is, reforming laws and restructuring according to the development of the times. Confucianism also respected the traditional ritual rule and adhered to the "laws of the ancestors", so they opposed reforms. This was something Su Shi always found difficult. Recognize the internal reasons for the reform.

Re-examining Su Shi’s view of the rule of law based on the standards of modern rule of law will naturally reveal its shortcomings, such as his lack of understanding of the preventive role of criminal law, his excessive preference for meritocracy, and his people-oriented approach rather than democracy. view of the rule of law. However, even if one ignores the historical context in which Su Shi was recognized as an individual, his view of the rule of law still has many positive values. Whether continuous strict and complete legislation can better govern the country; whether reducing crime can only rely on harsh punishments, or whether the social factors of crime should be appropriately considered. These questions raised by Su Shi may still be needed in the current construction of the rule of law. Think carefully.