Chapter 120: The law cannot tolerate mercy, but the law also has mercy!
While Chen Sheng was in a daze, a hundred miles away from Yingchuan, a young man holding a sword was secretly investigating the situation of lost land in various places in the Chu region, and began to trial the implementation of "making the head of Guizhou seize the field".
but.
The scope of implementation is not wide, and it has not attracted the attention of others.
...
In the school room.
In the afternoon, there is Ling Shichang's class.
Ever since Qin Luoheng and others got into trouble in the prison, Ling Shi Chang never took them to experience the 'experiment as an official', and all the courses were taught in the school room.
Let Shi Chang serve as judge.
What he talks about most is cases.
By taking one case after another, they gradually deepened their understanding of the law, and gradually mastered and became familiar with the writing of the "Sealing Clinic".
at the same time.
It also let all historians know the importance of judges.
Ling Shi Chang said:
"The law is the foundation of the Qin Dynasty."
"Judges are the core figures in upholding the rule of law."
"The current judicial system of the imperial court is as follows. There are three judges in Xianyang, located in the court, the Yushi's Mansion and the Prime Minister's Mansion. Each county and county also has one judge and legal official."
"The main task of a judge is to keep and verify decrees and provide legal advice."
"Perhaps you feel that the judge does not live up to his reputation."
"No!"
"The age of great strife has begun, and all countries are actively reforming their laws. In order to gain support for the new law among the people, it is imperative to publish laws and regulations so that the people know and understand the law."
"And that's what a judge does!"
"Perhaps some of you will become law officials and judges in the future."
“But don’t underestimate the preservation of the decree.”
"Shang Jun wrote: If you are sealed in a solitary confinement, anyone who arbitrarily issues the seal of the forbidden room, enters the forbidden room and observes the forbidden law, or who prohibits the word "副" (duo) or more, will be punished by death."
"..."
Listening to Ling Shi Chang's long introduction to the judge, all the historians in the school couldn't help but lowered their heads, with a look of struggle and pain in their eyes.
Shi Chang was too persistent.
He came to the school not as if he was here to teach, but more like he was determined to train them to be 'judges'. Before each class, he would talk about the importance of judges to the court and the people.
And it’s tireless.
Qin Luoheng supported his forehead.
He has heard it so many times and knows what a judge is.
The judges of the Qin Dynasty had a similar role to the judicial bureaus of later generations, and were responsible for disseminating the law to the people.
but.
The dissemination of regulations during this period relied entirely on manual copying.
Popularizing the law is not easy.
After talking a lot eloquently, Shi Chang started the formal class.
Ling Shi Chang said:
"The daily job of a judge is to provide legal advice to the people."
"I will give you a case today."
"The case is called Du County Woman and Rape Case."
Later.
Ling Shi Chang explained the case.
Qin Luoheng and others also quickly came to their senses and listened carefully.
Ling Shi Chang said:
"A civil servant in Hu (hu), Du County, died of illness on the day of Guihai in December. His coffin was still placed in the mourning hall and had not yet been buried. However, the wife of this civil servant did not abide by the rules of women and treated him well.
They led them to the inner chamber of the civil servant’s coffin, and while the civil servant’s body was still cold, a good show was staged in the inner chamber.”
"But the minister's wife discovered this."
"The minister's wife peeped under the door for a long time, but she didn't dare to say anything. She didn't report it until the next day. The government naturally arrested this immoral woman, but how to convict her became a difficult problem."
"In the end, the case was reported to the Tingwei Mansion."
"Now assuming you are the presiding judge, what crime will you convict this woman?"
Hear the words.
All the historians began to think deeply.
They learned a lot of laws during this time.
Immediately, he checked the facts of the case that Ling Shi Chang said with the laws and regulations he had learned, and then convicted the woman according to the law.
Shen Shun stood up and said coldly:
"History of Hui Ling."
"The law stipulates that a wife should treat her husband as she treats her parents. Therefore, this official's wife has committed the crime of "unfilial piety." Her husband's bones are not yet cold, and she behaves with others. It is really against the morals and is offensive to morals. According to the law, she should be severely punished. In my opinion, he should be sentenced to abandon the market."
He retorted:
"Abandoning the market is too heavy."
"Although this woman has lived a disorderly life, her crime is not worthy of death. I think she should be punished with a lighter punishment, and she should be tattooed and tortured."
"Besides."
"The official's wife is also at home. This woman's behavior constitutes the 'Aohan crime' of disrespecting her elders. According to the law, she should be sentenced to the full sentence (shaving her sideburns)."
"This woman should be punished as 'completely beaten'!"
Other historians also agreed with the punishment given.
Shen Shun looked angry.
As a Confucian scholar, he was extremely disgusted with this kind of thing.
In his opinion, it is an extremely low standard for men and women not to sit together and for uncles and sisters not to ask questions. Now this case is a treasonous act and must be severely punished.
but.
His objection was invalid.
More people in the school agreed with the punishment mentioned.
Shen Shun's face was livid, and he glanced at the story with gloomy eyes for a few times. Finally, he looked at Qin Luoheng, cupped his hands and said: "Brother Qin, please comment. You have solved the case in the prison. According to Brother Qin, Look, how should this woman be condemned?"
"Should we be strict? Or should we be lenient?"
Qin Luoheng's face twitched.
He was sitting peacefully in the back, and Shen Shun turned the topic to himself. Who was he provoking? Wasn't this causing hatred for him?
This is outrageous!
He was very clear about the Confucian attitude towards the constant principles of ethics. The ancient Three Obediences and Four Virtues, as well as the Three Cardinal Guidelines and the Five Constant Ethics were basically created by Confucianism.
But this is the Qin Dynasty!
Folk customs are open.
The people have never paid any heed to Confucianism. Confucianists are still taking matters into their own hands. They really take themselves too seriously.
Qin Luoheng has been integrated into Daqin society for some time.
I also know some common sense.
The Qin Dynasty did not talk about such feudal ethical concepts as "a woman does not serve two husbands" and "a husband lives to keep his integrity". At this time, remarried or widowed women would not be discriminated against and oppressed by society at all.
People in this era have a weak concept of chastity.
The Empress Dowager Xuan had been regent for several decades. She had so many affairs with King Yiqu, and even met her new love Wei Choufu in her old age. Everyone knew about the scandalous affairs between Yingzheng's mother Zhao Ji, Lu Buwei and Lao Ai.
The Qin royal family was so corrupt.
This chapter is not finished yet, please click on the next page to continue reading the exciting content! Not to mention the folk.
Because of this, after Ying Zheng came to the throne, he also greatly encouraged "purification of social atmosphere", severely cracked down on incest (incest) and extramarital sex, and even introduced a chaste woman, Ba Qing, but the unmarried and widowed were still
without any restrictions.
But since you ask yourself.
Qin Luoheng also thought seriously.
Since Ling Shi Chang singled out this case, he must have some explanation for it, but after thinking about it, he couldn't think of anything wrong.
He could only stand up and say:
"I agree with the penalty mentioned."
"The most severe punishment for the crime of unfilial piety is to abandon the market. However, this wife is already widowed. Although her behavior is somewhat inappropriate, it is obviously not a crime that leads to death, so she should be given a lighter punishment."
"That's tattooing for Chengdan!"
"In addition, this wife also committed the 'Ao Han crime' and should be sentenced to the full sentence."
"So let's consolidate the penalties."
"This wife should have her sideburns shaved off and be punished by being 'beaten' as a prisoner!"
Finished.
Qin Luoheng frowned.
A flash of inspiration suddenly flashed in his mind, as if he thought about what was wrong with the penalty. However, this flash of inspiration went as quickly as it came, and he had already forgotten it before Qin Luoheng could react.
Qin Luoheng shook his head.
But I couldn't remember what was wrong.
Hearing Qin Luoheng's words, Shen Shun's face turned ugly.
He snorted coldly, rolled his sleeves and sat back down. He obviously had objections to Qin Luoheng's answer, but Qin Luoheng ignored it.
He would not make do with these Confucian scholars.
Da Qin has its own laws, so just follow the laws and regulations.
"The crime you sentenced is consistent with what was originally planned by the Tingwei Mansion." Ling Shi Chang said at this time: "But is it really right?"
Everyone asked:
"May I ask Ling Shi, what's wrong?"
"The conviction is completely in accordance with the law and is reasonable. I don't know where the problem is?"
Shi Chang said in a deep voice:
"It's normal for you to have doubts. If you don't study carefully, your punishment will be consistent with that of most officials."
“Legal Questions and Answers on ‘Unfilial Abandonment of the Market’.”
"Suppose the father is alive and well and the son does not feed him for three days, how should the son be punished?"
Shi Zi replied:
"Of course it's a verdict of 'abandoning the market'."
Ling Shi Chang asked again: "Then if the father is dead and the son does not go to the grave for three days to offer sacrifices, what will be the sentence?"
The historians hesitated and said:
"Sacrifice is just a formality and cannot be considered a crime."
Ling Shi Chang then asked:
"Which is more serious, bullying a living husband or bullying a dead husband?"
The historians said:
"Of course you are bullying a living person. Everyone is dead. You can't bully someone even if you want to. How can you convict someone?"
Speaking of which.
Everyone also felt something was wrong.
Ling Shi Changdao: "Qin Law stipulates that adultery requires catching the adulterer on the spot, and 'whoever catches the adulterer will be brought to justice.' Suppose now that the husband lives in the government because he is an official, and his wife Hongxing cheats on her, and the husband hears the news and runs to catch the adulterer,
If you don’t catch it, how will you be judged?”
The faces of all the historians were slightly dull.
He said in surprise: "According to law, catching an adulterer must be done on the spot. If the husband is not caught, then there will be no conclusive evidence of adultery. Then... this wife is not actually guilty."
Ling Shi Chang said:
"Okay, remember what you said."
"You all think that bullying a dead father is a lighter crime than bullying a living father, and bullying a dead husband is a lighter crime than bullying a living husband."
"Looking back at this case, the civil servant was dead before his wife committed adultery. Even if this is considered 'bullying' her husband, is bullying a dead husband a less serious crime than bullying a living husband?"
Everyone fell silent immediately.
Ling Shi Chang continued: "Since it is not a crime to catch an adulterer according to the law, then her aunt (mother-in-law) waited until afterwards to report to the official, which means she failed to catch the person. Is this a crime?"
Everyone was speechless.
Ling Shi Chang said: "If that's the case, then let's sentence her to have her sideburns shaved off and be tortured as a prisoner. Isn't this sentence too harsh?"
Everyone looked at each other.
They didn't think there was anything wrong with their penalty at first, but after Ling Shi Chang's rebuttal, they also found that the penalty they gave was inappropriate.
At least it's heavier!
After listening to Ling Shi Chang's explanation, Qin Luoheng also suddenly realized.
Shi Chang said in a deep voice:
"You may think I'm making excuses."
"But you have forgotten that the basis of Da Qin's laws and regulations is people."
"The laws and regulations are indeed dense and complicated, but the obligations and responsibilities are clear and clear."
"The fundamental conflict between me and your punishment in this case is whether part of the obligations performed by family members should be extinguished after someone dies in the family."
"This is the core issue."
"You have indeed read a lot of laws and regulations in recent days, but do you know why the government specially distributed the "Legal Questions and Answers"?"
"That's why!"
"Everyone in the world says that 'the law has no mercy'."
"In my opinion, the reason why 'emotion' is not included in the 'law' is because 'emotion' exceeds the scope allowed by the 'law', but within the scope allowed by the 'law', 'emotion' can also exist
of."
"The law also has feelings!"
“And that’s what Law Q&A exists for!”
"The "Qin Code" is the foundation for Qin officials, and the "Legal Questions and Answers" are the Qin people's instructions. The two complement each other and are indispensable. You must not lose sight of one and lose the other."