The "pension system" is a special system in ancient times. The term "punishment" was first derived from the Shang Shu Shun Dian ::
"Chin-jae, Chin-jae, but the mercy of the torturer!" But the mercy of the torturer! ”
Literally, it is to reduce the punishment, and when the punishment is imposed, it is more sympathetic. The pension system, from its inception, continued until the Ming and Qing dynasties. In each dynasty, there was a special influence. The king is people-oriented, and if he considers more in the criminal law, he can also feel the quality of life of the ancient people from the side. Today, from the origin and development of the pension system, we will briefly talk about the ancient kings' people-oriented thinking of governing the country.
The origin of the pension system
The background of the death system was after the Western Zhou Dynasty eliminated yin shang. In the ancient feudal society, how did the king make his position justified? Most of them used the feudal idea of "divine right of kings" to enhance the enslavement of their subjects through the theory of ghosts and gods, so as to consolidate the supremacy of the rulers. This point, originally a feudal superstition, has continued for thousands of years in the history of future generations. And the King of Shang was arrogant and lascivious, and the people were miserable. The overthrow of the Shang Dynasty by the Western Zhou Dynasty was ostensibly to overthrow the tyranny, but in fact, the name was because the virtue of the King of Lu was not worthy of his position. Therefore, some people overthrow their regime in order to comply with the "Mandate of Heaven".
The Western Zhou Dynasty succeeded in overthrowing Yin Shang, and after that, established a new regime. In governing the country, it still follows the ideas of "divine right of kings" and "destiny of heaven". At that time, there was a saying called "Match the heavens with virtue, and punish with wisdom and prudence." This sentence is the main governing ideology of the Western Zhou Dynasty. In the Shang Shu Kang Shu it is recorded:
"But Nai Pi xian King Covin, KeMingde punished carefully."
Coincides with the above sentence. All that is advocated is that the supremacy of the monarch must be matched by excellent character. In governing the country and its subjects, thank virtue and less punishment. The people live and work in peace and contentment, and the country naturally prospers and prospers. This is the origin of the pension system. During the Western Zhou Dynasty, this idea was put forward, on the surface, the welfare of the people, and at a deep level, this measure greatly embodied the idea of humanitarianism and consolidated the ruling position of the king.
The development and evolution of the pension system
After the fall of the Western Zhou Dynasty, the system of pension punishment continued to be followed for thousands of years in ancient times. From the Spring and Autumn Warring States to the Qin Dynasty, roughly can be seen as a stage of development. This period was a period of great academic brilliance. Among them, the more famous ones are the Confucians of Confucius, the Fa of Han Feizi, and the Mo family represented by Mozi. Their claims are also a microcosm of the basis on which monarchs governed the country in that era. Represented by the legalists, it is natural to be a serious law, and it is hoped that with harsh punishments, it will reach a state where the whole country is not in violation of the law. And this idea is obviously contrary to the system of pensions. Here I would like to mention one person, that is, the martingale. He once advocated a change of law, that is, the famous "martingale transformation method" in history.
The Shang Martingale Transformation Law did strengthen the military capabilities of the state and, to some extent, strengthened the centralization of power. However, the other side of the change of law is that the punishment for the people is increased, and once the law is violated, the people are miserable, and the so-called "punishment for sitting together" is proposed by Shang Martin. What is even more ironic is that Shang Martin also died in the end of the "car split", and those who knew him were also punished by him and sat down. Most of the violent punishments during the Qin Dynasty are referred to here. This practice was inhumane, so it took less than 3 years for the violent Qin to be overthrown. In those years, Confucius traveled around the world, not only traveling around to study, but also publicizing his own idea of benevolence, which coincided with the system of pension punishment, which was clearly reflected in the system of the Han Dynasty.
During the Han Dynasty, there was a characteristic that Emperor Wudi of han listened to Dong Zhongshu's suggestion, "depose hundreds of families and respect Confucianism alone." For this reason, Confucianism, during the Han Dynasty, was vigorously promoted. Much of the reform and evolution of the pension system actually began in the Han Dynasty. The Book of Han records:
The elderly man who thinks of the elderly, who has degenerated his teeth, whose flesh and qi are decayed, and who has no rebellious heart, may now be in the grammar, clinging to the prison, and must not live his life for the rest of his life, and he will be very pitiful. Since now, in all years, the eighty years have not been falsely accused of killing or injuring people, and they are not allowed to sit. ”
The Book of Han also records:
"Decree: Those who are over eighty years old, under the age of eight, and those who are pregnant are not yet breastfed, teachers, and Zhu Ru, and those who are bowed, praise the lineage." Throughout the Han Dynasty, starting with the Han Jing Emperor, there was a decision to give lenient punishments to old criminals, or to women and children in prison. And this is not only the reform of the punishment system, but also conforms to Confucius's Confucianism.
Confucius's thought is based on "benevolence" and emphasizes self-forgiveness and self-denial. His proposal of "condemning without teaching is abuse" is also very similar to the revelation of the Buddhist Pudu sentient beings. Etiquette. There are similar provisions in the Qu Li:
"Seven years of mourning, eighty or ninety days of mourning." Mourning and oldness, though guilty, do not impose punishment."
They all take Confucianism as the foundation of governing the country, treat others with leniency, and reduce punishments, so as to achieve great unity and let the people not live in terror, which is also the fundamental essence of the system of compassion.
The pension system, which developed into the Tang Dynasty, ushered in another large-scale support. How the monarch governs the country is mainly reflected in the past experience of the monarch. And Li Yuan, the emperor of Tang Gaozu, overthrew the Sui Dynasty regime, just like Liu Bang, the ancestor of Han Gaozu. It is to experience first-hand the pain that tyranny and extravagance bring to the people. I also know that only by loving the people like a son and governing the country with a benevolent attitude can the country prosper for all generations. Therefore, from Li Yuan to the later Tang Taizong Li Shimin, they all vigorously recognized the system of pension punishment. In addition, the previous system was reformed, and many regulations were put forward that were more beneficial to the people. For example, Article 30 of the Tang Law stipulates:
All those who are over seventy years old, those under the age of fifteen and those who are ill, who have committed the sin of exile or less, shall be redeemed.
Tang Dynasty law stipulates that over 75 years old is the standard for the elderly and under 15 years old is the standard for young children. As long as the standard is met and the crime is committed as a general crime, the penalty can be exempted with money. The improvement of this system of compassion for punishment has undoubtedly strengthened the restraint on the people and also merged the idea of benevolent governance. It was a major positive improvement of the Tang Dynasty.
From the Song Dynasty until the Ming and Qing dynasties, the treatment of the pension system was generally the same as that of the previous dynasty. However, it is worth mentioning that from the Song Dynasty onwards, attention was paid to the care and treatment of criminal diseases. The Chronicle of the Criminal Law of the Song Dynasty records that:
"Every year in the summer, he will be imprisoned." The same is true of the Great Cold Prisoner, and praying for the sun and snow and the good fortune. There are one-year-olds who have lost their minds.
"Whenever the weather is hot or cold, the emperor will worry about the prisoners in prison, and the cold weather plus clothes, the heat of the day to give certain measures to avoid the heat, is also a major embodiment of the pension system. In the Ming Dynasty there was a similar system of pensions:
"Those without family members give Shi Laisheng, winter give a silk coat, night give lamp oil, and sick give medicine."
The policy of the Ming and Qing dynasties was roughly the same, stipulating: "One liter of rice is given to the warehouse every day, and the cold is given silk clothes", which greatly improved the prison life of prisoners.
How to evaluate the pension system?
The pension system seems to be a kind of tolerance for criminals. The humanitarian spirit of the monarch is actually embodied. Ruling the country by law is more or less the result of Qin Shi Huang, who reigned for 37 years and could not achieve hegemony for thousands of years. Natural factors aside, dynasties that ruled with benevolence tended to last longer. And the people will also call this kind of era, the prosperity of the world. The pension system, in general, is a remedy for the national penal code. Governing the country with only harsh criminal laws can achieve a certain effect for a short time. In the long run, the people will be oppressed for a long time, and no doubt they will gather again, which will further affect the status of the king. The creation and reform of the pension system not only appeased the people's hearts, but also reflected the benevolent and broad side of the king, gave the criminals great respect, and the opportunity to re-enter the people, and more importantly, consolidated their own position. Therefore, this system has played a very positive role in ancient history.
In addition, the shortcomings of the pension system are also very obvious. For example, many heinous people, people who kill people and set fires, do not deserve this benefit. The ancient imperial court also noticed this, and when the pension system was implemented, there was also a special response plan. For example, in the History of the Ming Dynasty, it is stipulated:
Self-murder, murder, fighting to kill those who have already killed, forged seals, wills, set fires, officials commit crimes of their own booty, generals and soldiers have committed crimes outside the law, they have committed the crime of death, and those who are lesser in love have been lowered to the stream, to the disciples, to the staff, and the staff has been released.
Criminals who committed capital crimes, or those who threatened the imperial court, could not enjoy the policy of compassionate punishment, and other prisoners would be treated leniently. And when distributing items, there is also some attention. Emperor Ming Yingzong issued an edict in the year of orthodoxy:
"Stolen clothes and scores for prisoners to wear."
The tattered of the stolen goods are given to the prisoners with the lesser plot, followed by the queue with the heavier plot. If a good object is given to a prisoner, it does not approve of their illegal behavior, and the original purpose of the sentence is lost.
summary:
The pension system improved the ancient criminal law and, to a certain extent, improved the quality of life of prisoners. The laws of the imperial court were also supplemented, on the one hand, it won the hearts and minds of the people, and on the other hand, it strengthened the management of the state. Although some of them have not been implemented with much force, in general, the birth of this system is undoubtedly an extremely humane and reasonable policy, reflecting the people-oriented thinking of ancient kings.