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Revise the Confucianism from the perspective of the transformation of legal and special rights of the lords
Author: Song Lei (Postdoctoral College of Legal History, China)
Source: Social Sciences, Issue 6, 2021
Abstract: The internal and external titles of the Zhou Dynasty, the 20th title of Qin Han, and the fifth title after Wei Han, all advocated that those with titles enjoy legal and special rights and commit the same crimes, but there were great differences between them. Zhou Jue, who was based on the patriarchal system and feudal system, only the noble tribes above the age of vassal can enjoy the ruling spirit of the monarch and subjects. The 20th-class legal rights are the products of the Legalists who coordinated the noble character of the lord with the strictness and power of the punishment in order to support the agricultural policy. They have the characteristics of non-nationalization, flattening, Westernization and influenced by the Legalist state-centered thinking. As the 20th grade title transitioned to the fifth grade title, the legal and special rights of the ranks experienced a process of becoming a noble tribe from slow to fast. In the Wei Dynasty, due to the great power of the rich family and the influence of Confucianism, it finally became a specialist of the noble tribe. This can explain the Confucianization of the law from the beginning to the process from the Legalist legal rights to the Confucian legal rights.
Keywords: The legal rights of the title; the legal system of the title of Confucianism for a long time; the 20th title; the transformation; the 20th title of the title of the Zhou Dynasty, the 20th title of the Qin and Han wars, and the 5th title after the Wei Dynasty are the three main titles in modern China, and the research and development results have become a great view. In recent years, when the academic community has developed a new research on the 20th grade card system and the transformation of the Qin and Han social system in the war, it will definitely be in contact with the relationship between the three sets of card systems. The academic community generally believes that the Twentieth Class and the Zhou Jue are in opposition, but they are deeply influenced by the Zhou Jue. The Twentieth Class is gradually moving towards the back of itself due to the lightness of the low-level class and the expensive tribe of the high-level class, and is finally replaced by the fifth-level class. [1] The development path of the rank system between the Zhou and Tang dynasties has been clearer, but there are still large disputes over the evolution of the rank’s legal and special rights.
In the past, many scholars believed that the Qin and Han law established by the trees under the guidance of Legalism should be sufficient to comply with the principle of “inferior punishment” and to exclude all legal and legal rights. Therefore, they all believed that the laws stipulated in the Qin and Han law that those with titles enjoy legal and legal rights are products under the influence of Confucianism. [2] This clearly neglected that the twenty-level rank system established by the Legalists also advocated that those who have rank enjoy the legal rights to achieve “the level of high and low rank… Those who have meritorious will show honor, while those who have no merit will have no place to make a living.” [3] Some scholars believe that since those with titles from the Western Anniversary to the Qin and Han dynasties all enjoyed the right to exempt punishment from punishment, the so-called Confucianization process is worthy of doubt. 【4] Although some scholars did not oppose Confucianization of the law, they believed that the level of rights in the Qin and Han laws were no obvious difference from later laws and Confucianism, and tried to use this as a basis to solve the Confucianization of the law from the beginning. [5] Some scholars believe that the “eight” and “official” of reducing punishment and punishment in Qin and Han laws are similar to the “eight” and “official” that maintain the minority rights of the tribe in later generations, and are their pure source and late form. [6] These views emphasize the evolution of the legal rights of the Lord, but ignore its transformation.
“Along the way is to change” or “change is to change” is a question that is often encountered and has to be answered in intergenerational history research. The Qin and Han laws are confirmed to be in line with the pre-Qin and later laws, but there will be many changes. Otherwise, where will the “changes between Zhou and Qin” and “changes of history in Han and Tang” come from? There are relatively large differences between the three sets of lords. How can the legal and special rights attached to them be completely inherited without major changes? This article takes the transformation path and changes of the legal and special rights of lords from Zhou-Qin-Han-Wei-Han-Wei-North Korea Sui and Tang Dynasties from the Zhou-Qin-Han-Wei-Han-Wei-North Korea Sui and Tang Dynasties from important research, and each episode will be eliminated until the remaining 5 The contestants challenged the five stars and tried to use this as a visual perspective to solve the problem of Confucianism.
1. The foundation of Zhou Jue’s existence and the internal energy of “Eight Constitutions”
The Zhou Rong” has sufficient “punishment cannot be punished” [7] The principle of this law and the “Eight Constitutions” system aimed at maintaining the rights of the noble clan laws: “The eight state laws are attached to the punishment: one is the defense of the constitution, and the other is the defense of the constitution. The three are the three are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the ones that are the order of the Western Zhou Dynasty and the ages. [9] And through mutual verification with Chinese language texts such as Qingcopper and Zuobi, we can find that there are indeed “Eight Practices” that favor the noble tribe during the Western Zhou Dynasty and age periods.
Remember the resignation of the Maggots and the dispute with the Chief Official博官网Baoqing.com said that he should have been sentenced to whip one thousand and imposed a heavy punishment like ink punishment, but he was soon changed to whip five hundred and whip three hundred gold coins. [10] Because cattle herding is a precious family, he cannot directly follow the laws and regulations to use meat. The punishment is to reduce the punishment according to the components. “The Master and the Ding” records that the Master and the Master and the servant did not conquer Fang Lei from the king, and then committed the crime of fighting against the army order. [11] “Shang Shu·Gan Vow” records that the Xia Qi’s punishment for those who violated the army order was “killing in the society” and “killing you”. [12] “The Thirteenth Year of Chenggong” records: “The great events of the country are in sacrifice and military affairs. ”【13】The country’s major event is to pay tribute and fight. It can be seen that opposing military orders in the pre-Qin period was a serious violation of the law, and those who violated military orders will naturally be punished severely. The original judgment of the teachers and servants was “Yi (opportunity)
(Broadcast)”, which was sentenced to exile, but was quickly changed to “
(broadcast), and there are also (inside) the internal (inside) the teacher’s court”, that is, the servants do not need to be exiled, and only need to pay the penalty for a period of time. The re-sentence of the sentence is also the nobles who have official positions, [14] Therefore, according to the “Eight Disciplines” their serious crimes were re-sentenced as minor crimes.
The Zuo Ji also has many cases of reaction to the “Eight Disciplines” of the law. “The Twenty-Fifth Year of Xianggong”: “Yan Zi stood outside the door of Cui,… The door opened and entered, cried on the corpse and trunk, excited, and three times out. The little cat was wrapped in Song Wei’s feathers all the way, and no longer shook his head, but someone else said that Cui Zi would kill him. Cui Zi said: “If you look at it easily, you will be able to see it easily.” ’” [15] The reason why Cui Zhu did not kill Yan Guo was because his ability was “observed by p
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