Chapter 394 Criminal Law Reform
"Yes." Qin An nodded and said, "The Kaihuang Code is indeed a law."
"That's wrong." Li Si said, "The Qin Code is the first complete law in the world, right?
And I believe that all dynasties have their own laws. If this is the case, why is this also the initiative of Emperor Wen of the Sui Dynasty Yang Jian? "
Qin An said: "My father-in-law is unaware of something. Whether it is the "Qin Code" or the laws of past dynasties, there are many cruel criminal laws and unreasonable things.
Yang Jian changed the previous severe punishments such as castration and whipping to the five basic punishment methods of flogging, cane, imprisonment, exile and death.
Later dynasties basically followed the "Kaihuang Code". "
"Even so, I'm still not convinced." Li Si said,
As a representative of Legalism, the person who personally formulated the "Laws of Qin" would be willing to give up his first place to future generations.
"My father-in-law, I know you are not convinced." Qin An said, "Because Li Si is your ancestor. He single-handedly created the "Qin Law" and then the first position was given to others. It is normal to be unconvinced."
"Since you know, do you think that "Kaihuang Law" can still be regarded as Yang Jian's creation?"
Qin An smiled bitterly and said: "My father-in-law, please don't get angry yet. Let me tell you, when Yang Jian formulated the law, he once said: The law should be changed in due course. Those particularly cruel criminal laws since ancient times are unreasonable and are not conducive to punishing prisoners and upholding justice." Laws and disciplines, which only show cruelty, must now be abolished, and other severe sentences must be reduced.
The new criminal law is based on the spirit of substituting lightness for seriousness and turning death into life, simplifying the provisions to make people abide by the law and enforce the law.
Yang Jian had a son who broke the law. Many people interceded for the prince, but in the end Yang Jian agreed that he had made the law, and no matter who broke the law, he would be punished.
In the end, the prince was dismissed from office. "
"What crime did that prince commit?" Li Si asked.
"He built a large palace for himself, the scale of which exceeded the regulations of the system, and he also engaged in loan sharking and harmed the people." Qin An said calmly.
"What?" Everyone was shocked.
For such a mistake, a prince was dismissed from his official position, and he probably lost his title.
If this happened to the First Emperor, I'm afraid it would never happen.
Ying Zheng said in a deep voice: "Is Yang Jian so cruel? He doesn't care about the relationship between father and son at all?"
"Father-in-law, have you forgotten what I said before?" Qin An said.
Ying Zheng recalled it and said slowly: "The most ruthless family is the emperor. As an emperor comparable to the First Emperor, Yang Jian was killed by his own son because of the throne."
"That's right." Qin An said, "As an emperor, a good emperor, he has very little family affection in his heart.
Because a sense of responsibility occupied a large part of his heart.
In the eyes of a wise emperor, there is no selfishness, only the people, the country, and his dynasty.
He will destroy anyone who dares to destroy his dynasty, not even his own son. "
Qin An looked at Li Si and continued: "My father-in-law, "Kaihuang Law" is one of Yang Jian's pioneering works, not because it is the first law, but because Yang Jian dared to re-formulate the law and combine thousands of laws. It was changed to 500 articles. In the spirit of replacing heavy weight with lightness and turning death into life, the articles were simplified to make people abide by the law and enforce the law.
In this way, the people no longer have to live in fear. Even if they do something wrong, they will be willing to be punished and there will be no complaints. "
"Is that so?" Li Si said.
He was asking everyone as well as himself.
Qin An nodded slowly and said: "Yes, this is easy to understand. In Qin's law, there is a person sitting together. If one person breaks the law, the whole family will be implicated.
Li Si was framed by Zhao Gao and when the whole family went to Caishikou to be beheaded, he knew he was wrong.
If you make a mistake alone, what does it have to do with your family?
Even if it is a serious crime of rebellion, generally speaking, the main criminal is killed and his family is exiled. "
Liston suddenly felt as if he had been enlightened and had an epiphany. He said excitedly: "Tell me, tell me quickly, how are the five punishments of flogging, rod, disciple, exile, and death in the "Kaihuang Code" implemented?"
Qin An was startled by Li Si's excitement and said immediately: "My father-in-law, please calm down first. I really know this. If you want to know, I will tell you.
The death penalty is divided into two types: beheading and hanging.
Exile sentences were divided into three grades from one thousand miles to two thousand miles, and each grade was divided by five hundred miles.
The prison sentence is divided into five grades from one to three years, with intervals of half a year for each grade.
The punishment of caning is divided into five grades from six to one hundred, and the punishment of flogging is divided into five grades from ten to fifty. Each grade is divided by ten. People who have been wronged can appeal to the court in turn.
These are all determined by the bad things you have done.
The "Kaihuang Code" also established the Ten Evils, which refer to treason, treason, treason, rebellion, unrighteousness, disrespect, unfilial piety, disharmony, unrighteousness, and civil strife.
These ten kinds of criminal behavior are considered the most serious by the world, and there is a saying called heinous crimes. Even those who have committed these ten sins cannot be forgiven.
Other sins may have been pardoned when the new emperor ascended the throne, or when the crown prince was born when the imperial court issued a general amnesty. "
"With such a light punishment, aren't we afraid that all the people will break the law?" Li Si asked.
Ying Zheng nodded and said: "Is such a light punishment really good? Wouldn't it lead to chaos in the world?"
Qin An smiled and said: "So we must enlighten the people's wisdom. Reading is to enlighten the people's wisdom and understand right and wrong.
In this way, people will naturally not think of breaking the law.
Once a person breaks the law, he or she will lose credibility and dignity and will be cast aside by others.
Are people who have developed their wisdom willing to be such people? "
Li Si nodded and said: "I understand, punishment is not about punishment, but about deterring people and preventing them from committing crimes.
What the court has to do is to enlighten the people and let them know right from wrong and not to touch the law. "
"Yes." Qin An said, "But now, there are not so many punishments.
Nowadays, when people break the law, they are given a light verbal education, or they are imprisoned for ten and a half days, then one year, three years, five years, ten years and so on. The most serious ones are life imprisonment and the death penalty.
Nowadays, many countries in the world have abolished the death penalty, but not in our country. "
"Abolish the death penalty?" Ying Zheng asked, "Isn't their country afraid of others treason?"
"Don't be afraid. Their rebellion shows that the government is not doing well." Qin An said, "The government is doing a good job and allows the people to eat, drink and have work. Why would the people rebel.
A beggar once said: If there are no beggars in the world, it is not the beggars who have the final say, but the emperor.
The emperor was incompetent and allowed beggars to appear in the world. We cannot blame the beggars for ruining the prosperity of the world. "
Some people died, but not completely...
