The land of the Three Jins, that is, the Three Kingdoms of Han, Zhao, and Wei in the Warring States Period, was the place where the study of chinese criminal names was born. Why the Three Jin Dynasties were able to produce the study of criminal names is inseparable from the special historical background of the Jin State in the Spring and Autumn Period. During the Spring and Autumn Period and the Warring States Period, jurisprudence and Confucianism represented two different governing concepts, Confucianism emphasized the old-fashioned aristocratic politics, advocated the maintenance of the ritual system formulated by the Zhou Dynasty, and opposed social change; while the Legalists emphasized the importance of rich countries and strong soldiers and advancing with the times in the face of the situation of hegemony among princes.
Therefore, in the Zhou Dynasty, the State of Lu and other countries where the liturgical music system was well preserved, it was easy to produce Confucians, and in the socially turbulent Jin State, it was an excellent soil for the emergence of legal scholars. The reason why the Jin State became the best place for the emergence of the Fa had to start from the early history of the Jin State. When King Zhou became king, he divided King Wu's brother Shu Yu (叔虞) to Tang Yao's homeland and was called "Tang Shu Yu", and until his son Xie's father succeeded to the throne and moved to Jinshui, the name of the country was changed to Jin. This was the beginning of the history of the Jin Dynasty.
Schematic diagram of the location of the Three Jins
First, the Jin Dynasty: the birthplace of the science of criminal names
In the early Spring and Autumn Period, there was a long period of civil unrest in the Jin Dynasty. In 746 BC, Marquis Zhaohou of Jin ascended the throne and gave Qu Wo to his uncle Chengshi, who was known in history as "Qu Wo Huan Uncle". Because Quwo was the largest city in the Jin Dynasty, Quwo Huan and his descendants used their superior geographical conditions and economic strength to compete with the Marquis of Jin, and after several generations of wars and coups, finally in 679 BC, The Duke of Quwo wu destroyed the Marquis of Jin and began to rule the Jin State. This political bloody struggle lasted for four generations, namely marquis Zhaohou of Jin, Marquis Xiao of Jin, Marquis of Jin' E, and Marquis of Jin, and nearly 70 years, seriously depleting the national strength of the Jin state.
In the decades after Duke Quwowu succeeded to the throne, the monarchs of the Jin dynasty had not yet come out of the shadow of this rebellion, and they did not trust the princes in the country, so as not to repeat the mistakes of the past. In 669 BC, that is, in the 8th year of the Jin Dynasty, in order to prevent the recurrence of the Quwo Daiyi incident, the Jin Xiangong killed all the princes of the former Jin State. This incident led to a great decline in the power of the Jin dynasty and laid the foundation for social change in the Jin state. Soon, the "Li Ji Rebellion" occurred in the Jin Kingdom, and in this turmoil, all the dukes of the Jin Kingdom, except for the heavy ears, were killed.
Therefore, there were no dukes in the Jin Dynasty
。
In 636 BC, Gongzi Zhong'er returned to China to succeed to the throne, and was known as "Duke Wen of Jin" in history. Since the Jin dynasty had been killed, the Duke Wen of Jin had to rely on ministers with foreign surnames to govern the country, and the eleven more important clans during the Jin Wen Gong period were the Hu clan, the Xian clan, the Hao clan, the Xu clan, the Luan clan, the Fan clan, the Zhongxing clan, the Zhi clan, the Han clan, the Zhao clan, and the Wei clan. At that time, the Jin state set up a system of six secretaries, so the main clans took turns to govern according to the principle of long-term death and compensation.
Liu Qing came to power and opened the Spring and Autumn Period of "Li Le conquest from the Doctor", which is an important sign of the downward shift of power in the Spring and Autumn Period. The elimination of the Jin state clan and the formation of the Liuqing system caused unprecedented damage to the aristocratic system of the Jin state. In order to strengthen his own power, Liu Qing gave up the division of fiefs within his own clan to ensure the integrity of the land, and at the same time set up counties or counties in the newly annexed areas to achieve direct control, thus accelerating the collapse of aristocratic politics. Economically, Liuqing began to abolish the well field system and implemented a policy of collecting taxes per mu.
Childbirth
Under the reign of Liu Qing, the State of Jin began to promulgate written laws in the late Spring and Autumn Period, and in 513 BC, Zhao Martin of the State of Jin "gave the State of Jin a drum of iron to cast a penal ding, and wrote the penal book of Fan Xuanzi". However, it was not the earliest written law promulgation event in China, as early as 536 BC, Zheng Guo's son "cast the book of punishment in Ding, thinking that it was the common law of the country". Of course, Zheng Guo can also be regarded as the scope of the "Three Jins", because zheng guo was later annexed by South Korea. The promulgation of the Jin Dynasty's statute law was another impetus for the emergence of the study of criminal names.
The reforms after the Three Schools of Jin Dynasty and the emergence of legalist ideas
By the late Spring and Autumn Period, the contradictions between the six secretaries became more and more serious, and the six secretaries merged with each other, and finally in 453 BC, the three families of Han Zhao and Wei united to destroy the Zhi clan and divide the Jin state, that is, the historical "three families divided into Jin". After the founding of the Han, Zhao, and Wei dynasties, they all adopted reform measures to enrich the country and strengthen the army, they abolished a series of aristocratic privileges and established a centralized war machine, and the founders of these changes were the earliest batch of lawyers in China.
After the three families were divided into Jin, the three kingdoms of Han, Zhao, and Wei had to appoint a large number of talents in order to enrich the country and strengthen the army, especially the State of Wei was the most prominent. In 445 BC, when Marquis Wen of Wei succeeded to the throne, he used Li Wu and Zhai Huang as ministers to reform the maladministration; he used Le Yang and Wu Qi as generals to attack zhongshan, Qin, and Chu; and ruled the region with Ximen Leopard and others. For a time, the Wei state was full of talents. Wei Wenhou was the first monarch to recruit sages on a large scale during the Warring States period, and also marked that the State of Wei had broken the tradition of "respecting relatives" and "nepotism" in the aristocratic political era and began the bureaucratic era of "meritocracy".
Statue of Li Wu
Among the many sages, the one who had the most profound influence on the State of Wei was Li Wu. Li Wu was a native of Anyi, the State of Wei, who was appointed by Marquis Wen of Wei as his counterpart and carried out a campaign to change the law, and the main contents of the change were:
Heavy agriculture suppresses business. Li Wu pursued the policy of "teaching with all the strength of the land" in order to give full play to the role of land and increase the state's fiscal revenue, thus encouraging reclamation; at the same time abolishing the well field system and establishing private ownership of land; and implementing the "Pingyi Law" to purchase grain at a price higher than the market in a good year and sell it to the peasants at a price lower than the market in the famine year, so as to stabilize agricultural production and protect the peasants' interests.
Abolition of hereditary privileges of the nobility. The Shiqing Shilu system since the Xia Shang Zhou was abolished, and the meritocratic selection system was implemented.
Reform the military. Establish a "martial pawn" system to evaluate soldiers and reward military merit
Edited the Lotus Sutra. The purpose of the codification was to control the national nobility, commoners, merchants, etc. under the penal code in order to strengthen the authority of the monarch. Under the penal code, there was not much difference between nobles and commoners. This code was the first important legal code in Chinese history and was imitated by the Qin state and other countries.
Only with the Li Wu transformation method did it provide a foundation for the wei state to fight for hegemony, and only then did it provide a stage for Wu Qi and Le Yang's outstanding battle achievements. Under the influence of Li Wu's transformation method, the State of Wei became the place of origin of the early Fa. The great general Wu Qi later went to the Chu state to imitate Li Wu to carry out a movement to change the law, known in history as "Wu Qi change law", and later Shang Martingale came to the Qin state to develop the law change movement to the extreme.
In addition to the State of Wei, after the establishment of the State of Zhao and Korea, a certain degree of change was also implemented. In 403 BC, At the suggestion of Zhonglian, the Duke of Xiangguo, Marquis Liehou of Zhao reused niu, Xunxin, and Xu Yue to carry out reforms. Among them, Xun Xin advocated "selecting and practicing the wise and appointing officials to enable them", and Xu Yue advocated "thrifting money and thrift, and observing merit", all of which are the ideas of the Fa.
The Warring States also had an early representative figure of the Fa, Shen Zhi. Prudent to the Zhao state of Handan, the "Records of History" records that he "learned the art of Huang Lao's morality" in the early days, and later specialized in the thinking of the Fa, so his thoughts have the characteristics of the confluence of the Fa and the Tao. His idea was "nobility", that is, the emphasis on the power and authority of the monarch. At the same time, he also attaches great importance to the rule of law, advocating that "the people are one and the king, and things are judged by the law, which is the road of the country" and "governing the country without its laws is chaotic." The idea of prudence had a great influence on the late Jurists and the Huang Lao School.
Book of Shangjun
After the establishment of South Korea, the isthmus was weak and was attacked on all sides. In order to survive the great power strife, South Korea must implement more thorough reforms. In 351 BC, Marquis Renshen of Han Zhao, was harmless and began to implement the change of law. Shin Bu Jian was one of the representatives of early Legalist thought, and was a Jeong of Korea. Shen does not harm the "art", that is, the way and method of the monarch ruling over the subjects, in order to strengthen the monarch's power. "The reason why the king is venerable, The order is also, the order is not good, there is no king, so the Ming Jun is cautious." Under the guidance of his ideas, Korea eliminated the three major aristocratic forces of the Xia, Gongli, and Duan clans; established a bureaucratic system to improve administrative efficiency; trained a new army to improve the combat effectiveness of the army; and he also attached great importance to agriculture, saying that "the soil is the foundation of food." Historical records record that after Shen did not harm the law, South Korea "cultivated politics and religion within and responded to the princes outside" and "finally Shen Zi's body, the country ruled the army strongly, and there were no invaders of Korea." ”
Of course, the most famous legal figure that appeared in this period was The Martingale. Shang Martingale, whose original name was Gongsun Martingale, was a Weiguo person, so it was named "Wei Martingale" in the early days. In his early years, he was the middle son (attendant) of the Duke of Wei. Uncle Wei discovered Wei Martingale's talents early on and recommended Wei Martingale to King Hui of Wei, but King Hui of Wei did not accept Uncle Wei's advice. After the death of his uncle Gongxuan, Wei Martin was not valued in the State of Wei, and Huai Cai did not meet, and eventually left the State of Wei for the State of Qin, launching the famous "Shang Martingale Transformation Law". The specific ideas of the martingale and the content of the martingale transformation method will be specifically discussed in other chapters, and will not be stated here.
summary
The important reason why the Three Jins became the birthplace of criminal names and legalists is that the situation of the "no office" in the Jin Dynasty reduced resistance to reform, thus providing an indispensable soil for the emergence of legal ideas that supported reform. In addition, the bad division in the early Warring States period accelerated the movement of law change in various countries, and also stimulated a great explosion of legal thought. After the middle of the Warring States period, the reform movement expanded from the Three Jin Dynasties to the States of Wu, Qin, and Qi, and eventually evolved into the first large-scale reform movement in Chinese history.