1. This is the ancient text of the criminal law of Royal Guards. There are five ways of punishment in translating Death of Zhen Fu.

One is called machinery. It is made of hard wood, one foot five inches long and four inches thick, with two holes in the middle. It is worn on people's arms, even if they are punished otherwise, so they can't wear it in prison.

To kill people, only the manipulator is the most convenient. So Mr. Zhou was killed, and Guo thief tricked him into going to court and asked him to wear a mechanic to class.

One is called an iron chain, which is made of iron. It's called thumping.

It's five or six feet long and rests on its left foot. Because the right foot is punished, it is not convenient to wear it, so I wear my left foot. One is called a stick, which is made of poplar and elm strips.

It is five feet long and bent like a dagger. The place where people shake hands is as big as the little finger, and the place where they touch the meat is about eight or nine points in diameter. When hitting someone with a stick, tie the prisoner's waist with a rope, and use two people to step on both ends of the rope respectively, so that the prisoner can't turn over the opposite side when being hit, and then tie the rope to his feet, so that one person can straighten the rope and carry it on his back, so that he can't stretch.

One is called Mao, made of poplar. About a foot long.

The diameter is 4.5 minutes. Every time a prisoner is slapped, the two men hold the prisoner on their knees, tie both ends of the slapping wood with ropes, and then slap the slapping stick with a stick to make the stick move up and down, aggravating the pain. One is called a clip, made of poplar. Two of them are more than 3 feet long and 5 inches above the ground. They are penetrated by iron bars, and three pairs of rods are installed between each clip.

Whenever you want to pinch someone, one stick is horizontal and the other is vertical. One person holds a pliers stick, puts the prisoner's foot on the pliers stick, ties it tightly with a rope, and supports the person's left foot with a stick, so that the person cannot move. Then use a big barbell six or seven feet long and four inches thick to press the tibia hard from the right side.

2. Urgent: an ancient China proverb about law 1. Zi chan: "the fire is fierce, and the people fear it, so they die less;" Water is weak, and people will die more if they play with it. Zichan: For example, people are afraid when they see it, so they seldom die.

Water is weak, people get close to it and play with it, so many people die. 2. Zi was born with Zheng and will die of illness, which means that Yu Ji said, "After I die, Zi will use Zheng and be strict with others.

The husband's fire is strict, so the old man offers to burn; Weak water, many people drowned. The son must be strictly shaped, and there must be no cowardice to drown the son. "

Zheng's prime minister is very ill and dying. He said to him, "After my death, you will be highly valued by Zheng, and a strict system must be implemented. The fire looks terrible, so people are rarely burned. The water looked weak, but many people drowned. You must strictly enforce your criminal law and don't let it succeed. " "Extended data:

Brief introduction of separate production: separate production (? ~ 522 years ago), also known as Gongsunqiao, Zheng's surname is Ji, a famous overseas Chinese, a native of Zheng (Xinzheng, Henan) in the Spring and Autumn Period, a noble of Zheng, the grandson of Zheng Mugong, and the son of Zheng Gongzi Fa ().

Zi chan was the first person to announce the criminal law to the public. He once wrote a book of torture in Ding Zhu, which was called "the book of torture" in history. He was the pioneer of legalism, and was praised as "the first person in the Spring and Autumn Period" by Roy of Qing Dynasty. Zichan was once the ruler of Zheng in the Spring and Autumn Period. Under his rule, Zheng had a tendency to be younger.

His internal affairs reform began with rectifying the land system. First of all, he delineated the land boundaries and determined the land ownership of each family, so as to prevent the nobles from arbitrarily occupying and competing for land. In order to strengthen the control of farmers, farmers are organized in groups of five households and a strict household registration system is established. At the beginning of Zi Chan's administration, the reform measures were also widely reprimanded, but he was unmoved and resolutely implemented.

Since then, the reform has achieved remarkable results, and people generally praised his achievements and even worried that there would be no successors. In the early Spring and Autumn Period, Zheng Zhuanggong and Wu Gong were both outstanding figures. In particular, Zheng Zhuanggong defeated Shanrong in the north and became the backbone of the vassal states in the Central Plains, and was later called "the overlord in the early Spring and Autumn Period".

Duke Zhuang ruled Zheng for 43 years, which made Zheng extremely prosperous. Its territory is south to Oak Town (now Yuzhou City), east to Kaifeng (now Kaifeng), north to Wei and Jin Dynasties, where the Yellow River crisscrosses, and west to Hulao Pass. However, after the death of Zhuang Gong, Zheng quickly fell into civil strife. First, the powerful minister sacrificed the bell to drive away the prince, and suddenly made his son a monarch.

However, Gong Li didn't want to be a puppet, rose up and rebelled, and fled abroad after failure. Since then, he has sought the help of foreign forces and fought with Zheng for many years. After that, Ji Zhong helped the prince to ascend to the throne suddenly. Two years later, the prince was suddenly killed by another powerful minister.

Two monarchs were successively established in Jizhong, but Zheng Ligong, who was in exile, finally fought back, killed the monarchs and successfully restored them. In this way, within twenty years, if Zheng changes hands, the national strength will inevitably weaken.

Since then, Zheng's power is still in the hands of some big families. At this time, the countries of Qi, Jin and Qin Chu became stronger and stronger, and Zheng was at the intersection of firepower.

The hegemony of various countries has caused disasters in the State of A Zheng. In such a stormy day, Zheng's families fought each other for power and interests, which became more and more fierce, making Zheng restless.

The "forefinger movement" incident happened under this background, which also marked that Zheng was caught in the abyss of civil strife and was difficult to solve. The so-called "times make heroes", after more than 150 years of stagnation and decline, sub-products came into being, stepped forward and propped up the crisis.

Characters experience: He showed great foresight when he gave birth to a young man. In (565 BC), his father's son sent an army to attack Cai. The war was a great victory, and the people of Zheng were very happy.

But he pointed out that this would lead to Chu's attack and Jin's counterattack, which would make Zheng, caught in the middle, suffer from the war. Two years later, Gongzifa was killed in a coup caused by aristocratic infighting, and Zheng Jiangong was also kidnapped to Gong Bei.

Zi chan is calm and resourceful. After careful deployment, he led troops to attack Gong Bei, and with the support of the people of China, the accident was quelled. Jia, the newly ruling son, formulated a charter, emphasizing the protection of personal privileges, which caused opposition from aristocratic ministers.

Gong Zijia intends to enforce it, and Zi Chan urges him to burn the alliance book to calm public anger and stabilize the political situation. In the 12th year of Zheng Jiangong, Gong Zijia was finally killed because of autocracy, and his son was named Qing Dynasty and Ren Shaozheng.

In a series of negotiations with Jin, the overlord, he argued and tried his best to safeguard the rights and interests of Zheng. In the eighteenth year of Jian Gong, he attacked Chen with the ruling Sun She. He could pay attention to military discipline and observe traditional etiquette.

Later, while presenting the fruits of victory to the State of Jin, he ignored the censure of the Jin people and forced them to acknowledge Zheng's achievements. Therefore, Zheng Jiangong paid Zi Chan handsomely, but he only accepted the part commensurate with his status.

The following year, in order to comfort, King Kang of Chu led an army to attack Zheng, but Zi Chan insisted on not fighting, and let the Chu army return home with small profits in exchange for long-term peace. Zheng people did this and really contributed to the "military alliance."

In twenty-three years, the minister of Zheng clashed and the ruling Bo was killed. Zi chan is strictly neutral and is respected by most people because of his outstanding talents. Therefore, with the support of the outstanding leader Han Hu, he took office.

Zi chan pays special attention to the strategy of governing the country. On the one hand, he took care of big noble's interests and relied on the majority in unity; On the one hand, resolutely punish those individual nobles who are excessively greedy and violent, and safeguard the prestige of * * * *. He does not destroy rural schools, allows China people to discuss political affairs, and is willing to learn useful advice from them.

However, they think that reforms that are beneficial to the country are forcibly implemented regardless of public opinion opposition. For Jin and Chu bullies, he not only served carefully according to traditional etiquette, but also dared to fight and refute their unreasonable demands.

He declared that "heaven is far away, people are far away, how can you know right and wrong?" He opposed superstition, but admitted that the sudden death of nobles might be a spectre, and he wanted his descendants to be doctors to appease them. Confucius called him a benevolent man, a benevolent man, and was admired by conservative literati. However, he "cast a book of punishment", published a written code, strictly controlled the people's "fierce politics", and created new systems such as "Eye of the Heaven" and "Qiu Fu" which aggravated exploitation to "save the world".

This shows that Zi Chan is a pragmatic politician. Although he tried to maintain the traditional old system, he had to adapt to the changes in the situation and make necessary reforms. Zi chan once pointed out: "it is difficult for people to commit crimes when they are angry, but it is difficult to realize their desires."

3. The law-abiding classical Chinese is classified as 1, which is in harmony with the people and ignorant of the law; I don't know how to change it-Guan Zi's Seven Laws [Note] (1) and the people: make the people harmonious.

(2) One crowd: governing the people. (3) Teaching of changing customs: changing customs.

(4) Moralization: Moralization and political education. To make people harmonious, it is impossible to be ignorant of the law; Without understanding political education, it is impossible to change social customs and improve social atmosphere.

[Hint] The book Guanzi was handed down by Guan Zhong. Guan Zhong is one of the "Five Overlords in the Spring and Autumn Period", and Qi Huangong is a national figure.

Guan Zhong insisted on governing the country according to law, but he did not give up moralization, but used each other, which was quite enlightening to us. 2. Extramarital affairs are destroyed by public law.

-"Guanzi Eight Views" [Translation] If the wind of favoritism prevails, the law of the country will be destroyed. [Tip] Private affairs are not allowed by law, and law enforcement must be fair. 3. You must order everything you want to raise first.

Hands-on, the number of rewards and punishments must be clear first-do great things in the field of law (notes) (1). Things, refers to the affairs of state.

(2) number: true. Whenever an important event is held, the decree must be promulgated before it.

Before you do anything. First of all, we must clarify the scale of rewards and punishments.

[Hint] No reward can't motivate people, and no punishment can't deter people. Rewards and punishments are not enough. We must distinguish between reward and punishment.

This is the experience of politics. 4. If you seek, you will get what you want; If you forbid it, you will stop; Orders must be carried out-Prohibition in the Pipe Law: here refers to legal prohibition and prohibition.

What the state requires must be done, what the state prohibits must be eliminated, and laws promulgated by the state must be implemented. [Hint] The requirements of the rule of law are: laws must be observed, law enforcement must be strict, and offenders must be prosecuted.

Loyalty and firmness are the key to law enforcement. 5. Don't listen to personal supervision.

-"The Spring and Autumn Annals of Yan Zi, Inscription" [Notes] (1) Listening to the prison: examining the case. Listen and decide.

(2) a: favoritism. Don't be biased in handling affairs and in handling cases.

[Hint] Qi Jinggong asked Yan Ying, how can he dominate as Qi Huangong did with Guan Zhong? Yan Ying said these two sentences in her reply.

What is emphasized here is that law enforcers must be fair and honest. 6. The punishment is wrong, and * * * is at a loss-Confucius' The Analects of Confucius Lutz (1): reasonable.

Measures: Take measures to do it. When the criminal law is unreasonable, people lose their hands and feet.

[Hint] This is a sentence in a conversation between Confucius and Lutz, which is caused by "correcting the country first (right and wrong)". Emphasize that a gentleman should not be careless about what he says.

7. If there is balance, don't bully the light and heavy; If you have a size, don't make a difference in length; Those who have statutes should not be clever and deceitful. -Shen Dao's "Wen Yi the Son of God" [translation] There is a scale in hand, and people can't fake their weight; With a ruler in hand, the length of a person will not deviate; With the mastery of statutes, people will not play tricks or cheat.

[Hint] Emphasize the importance and necessity of making laws and regulations. 8. When you don't want to do it, love must not break the law, must not surpass your relatives, and must not surpass your position.

-Shen Dao's "Wade" [Note ]( 1) Desire: Desire. (2) dry time: interfere with current politics.

(3) Love: This refers to the loved ones, that is, relatives and friends. (4) Beyond: Beyond.

You can't interfere in state affairs for personal desires, you can't let your relatives and friends break the law, you can't be too partial to people with high status, and your salary can't exceed the post standard. [Hint] This refers to what a wise monarch should do to govern the country.

Generally speaking, we should be strict, set an example, enforce the law impartially, and don't be emotional. 9, don't be intimate, don't be expensive, and get rid of the law.

-Li Kui's Classic of Law [Translation] (For offenders), regardless of relationship or status, it is determined by law. [Hint] Li Kui was a politician of Wei State and a representative figure of Legalism in the Warring States Period.

He is a minister in Wei Wenhou, presiding over political reform. Don't care about intimacy, the law is not expensive, and intimacy is equal.

Only by enforcing the law like Li Kui can we talk about justice. 10, if you don't know French, don't listen; Those who do not practice the law are not high; If you don't do anything in France, you just don't do it.

-Biography of Shang Jun Chen Junchuan [Note ]( 1): He. (2) high: respected.

[Translation] If the speech is inconsistent with the law, you will not listen; If the behavior is illegal, it will not be respected; If something is out of line, don't do it. [Hint] This is an important principle of governing the country with wisdom put forward by Shang Yang.

He believes that if this can be done, it must be "ruling the country and leveling the world, strengthening the army and respecting the Lord", which is a real insight. 1 1, husband system is universal, benefiting the people is the foundation, politics is experience, and behavior is cultivation.

-The Warring States Policy Zhao Ce [Note ]( 1) System: Governing the country. (2) Often: regularly.

The following "Jing" also means this. It is fundamental to govern the country and have laws, that is, to benefit the people; Politics also has its laws, that is, implementing laws and regulations is the highest principle.

[Hint] The Warring States Policy is a national history book that records the history of the Warring States Period. After Zhao Wuling (Zhao Yong) came to power, he made great efforts to strengthen the country and actively carried out military reform. Many courtiers opposed it at that time. He made these remarks in response to the ministers' speeches.

This view has great reference significance for us today. 12, rule by law, this is a road without cattle and horses, a leopard cannot change its spots, and a leopard cannot change its spots.

-Shang Yang's "Shang Jun Shu Weak People" [translation] to rule the country is like transporting heavy objects to a distant place without chariots and horses, or crossing a river without a boat. [Hint] Emphasize the necessity of governing the country according to law.

13, one day, let the world run and the ban will stop. -Shijiao's "corpse, volume, expensive words" [translation] rules the world and requires the world to do things that must be done; If it is banned, it must be banned.

[Hint] Shijiao was a native of Lu during the Warring States Period. 14, the reward is added to meritorious service, and the punishment is terminated to guilt.

-"Warring States Policy Qin Ce" [Note] Punishment: use punishment and punish. Those who make meritorious deeds will be rewarded, and those who are guilty will be punished.

【 Hint 】 After Fan Ju arrived in Qin State, he lobbied Zhao Haoqi of Qin State, pointing out that most of the power of Qin State's imperial court was in Wei Ran's hands. An Hou, as a granduncle and authority of the four dynasties, was overbearing, and the court was bound to have civil strife. Zhao Haoqi of Qin adopted his opinion and appointed him as the prime minister, which eradicated the forces of the later dynasty and consolidated the political power.

These two sentences were made in his advice to Zhao Haoqi, pointing out that law enforcement must be steady and accurate. 15, if the reward is not good, the saints will advance without it; If the punishment is not good, the unscrupulous will not get it, and they will not stop.

—。

4. An ancient book about moral etiquette.

Confucius said, "The Tao (1) is based on politics, while the Qi (2) is based on punishment, while the people (3) avoid *** (4), the Tao is based on virtue, the Qi is based on courtesy, and the shame is qualified (5)." ("The Analects of Confucius for Politics")

To annotate ...

(1) Tao: There are two explanations: one is "guidance"; The second is "governance." The former is more suitable.

(2) Uniformity: neatness and restraint.

(3) Exemption: avoidance and evasion.

(4) Shame: the heart of shame.

(5) Case: There are two explanations: one is "ambition"; The second is "positive".

translate

Confucius said: "The people take the prohibition of law as the guide and the criminal law as the system. People just seek to avoid being punished for crimes, but they have lost their sense of shame. "

Heart; Guiding people with moral education and unifying their words and deeds with etiquette will not only make people feel ashamed, but also abide by the rules. "

Comment and analysis

In this chapter, Confucius quoted two completely different principles of governing the country. Confucius believes that punishment can only make people avoid committing crimes, but not make people understand that crimes can be committed.

Shame, and moral education is much better than punishment, which can make people obey the rules and make people feel ashamed. This embodies morality.

There are characteristics different from the legal system in governing the country. However, it should also be pointed out that Confucius' thought of "ruling by virtue" should attach importance to morality, but it has been ignored.

The role of criminal management and legal system in governing the country has been paid attention to.

5. The mother of the ancient emperor of China, Empress Bo, came from humble origins and was an unloved concubine when Emperor Gaozu was alive. She was afraid of living in the palace and being framed by Lv Hou, so she asked to live in Dai Jun with her son. Living in Dai Jun is not as rich as in the palace, so the two girls know the sufferings of some ordinary people. Shortly after Emperor Wen ascended the throne, he issued an imperial edict, saying, "Anyone who breaks the law will be condemned. Why did you arrest his parents, wife and children together? I don't believe this kind of law is good. Please discuss the way to change. " As soon as the ministers discussed it, they abolished the law of "one person breaks the law and the whole family sits together" according to Wendi's opinion.

In Linzi, the capital of Qi, there was a little girl named Chunyu Ti Ying. Her father, Chunyu Kun, was a scholar, who was famous for his love of medicine and his frequent treatment of people. Later, he gave a hasty order, but he didn't want to associate with an official and wouldn't kiss up to the boss. Not long after, I quit my job and became a doctor.

In the fourth year of Emperor Wendi of the Western Han Dynasty, the wife of a big businessman fell ill and asked Chunyu Kun to treat him. The patient took the medicine and didn't get better. He died a few days later. The big businessman told the government about Chunyuyi, saying that he had wrongly treated the disease. Local officials sentenced him to "corporal punishment", cut off his limbs and sent him to Chang' an for punishment.

Chun Yuyi has five daughters. When he was escorted to Chang 'an to leave home, he looked at his daughters and said with a sigh, "Alas, I don't have any boys. I can't even find a helper when I encounter difficulties. " Several daughters bowed their heads and wept, only the youngest daughter, Ti Ying, was sad and angry. She thought, "Why is my daughter useless?" She offered to go to Chang 'an with her father, but it was useless for her family to dissuade her again and again.

When Ti Ying arrived in Chang 'an, the customer wrote a letter and gave it to the gatekeeper at the palace gate. Emperor Wen of Han received the letter, knowing that it was written by a little girl, but attached great importance to it. The letter said, "My name is Chunyu, the youngest daughter of Chunyuyi. When my father served his country, people in Qi said that he was honest and clean. Now he has broken the law and should be punished by corporal punishment according to the law. I feel sorry not only for my father, but also for everyone who has been tortured by corporal punishment. A person who cuts off his feet becomes disabled, and there is nothing he can do to turn over a new leaf. I would rather not be a handmaiden in the government and use my body to atone for my father and give him a chance to turn over a new leaf. "

After reading the letter, Wendi sympathized with the little girl and thought what she said was reasonable. He called the ministers and said to them, "If you commit a crime, you should be punished. But he should be given a chance to turn over a new leaf after being punished. Now punish a prisoner, tattoo his face or destroy his limbs. How can such punishment persuade people to do good? You discuss a way to replace corporal punishment! " As soon as the ministers discussed it, they came up with a way to change corporal punishment into beating the board. The original sentence is to cut off your feet and hit 500 boards instead; The original sentence of cutting nose was changed to hitting 300 boards. In this way, Emperor Wendi officially ordered the abolition of corporal punishment.

Ti Ying saved her father. It seems a good thing that Emperor Wendi abolished corporal punishment. But in practice, there are also many disadvantages. Some prisoners were killed by 500 or 300 boards, which aggravated the punishment. Later, it was in the hands of his son Han Jingdi, which reduced the punishment of hitting the board.