Text: Dazhuang Laboratory
Law originated in the "three generations" period of antiquity, and then evolved to form a formal and manned law, which was called "law" in ancient times.
Different dynasties will make different laws to show the prestige of the king, which are generally customized by the king and the princes, and then enforced by the officials.
In ancient times, although there were no high-tech things such as surveillance and sky eyes, the laws were very strict, and those who committed crimes did not dare to escape.
Because there is one item in the law called "Zhu Jiu Clan", which is still so intimidating and majestic in the face of the people, what laws are dedicated to foreigners?
Origins of the original law
Law is an important tool for ancient rulers to maintain and restrain their rule, and to maintain order and maintain the authority of the monarch through the law drafted, so law also has a strong color in the long history.
If you want to talk about the original origin of the law, the number of years can be traced back to a very long time, from the beginning of the opening of the world in Pangu, there were ranks and leaders, and there were already the earliest rules and exclusive systems.
However, the law really began to settle and was recorded in the annals of history from the Xia Shang, the main law of the Xia was the "Yu Punishment", and the Shang was the "Tang Punishment", and there was a serious division of the aristocracy and slave system in the Xia Shang.
Although there were laws, they were also mainly set up for slaves, and nobles could kill slaves at will without being bound by the law.
By the time of the Western Zhou Dynasty, there was already the law of "Nine Punishments", and the politics implemented were "respecting the heavens and protecting the people", and by this time the aristocracy had begun to gradually decline, and the slaves turned over and had their own protection laws.
During the Spring and Autumn Period and the Warring States Period, the Book of Casting Punishment was the earliest written law in China, and it was not until the Qin Dynasty introduced the more complete Qin Law, which involved not only strict enforcement but also very strict aspects.
The laws of the Han Dynasty continued the Qin Dynasty, and the Nine Chapters of the Law was compiled at the same time as the evolution and new laws, and Confucianism at this time had become the mainstream.
During the Wei and Jin dynasties, the Doctor of Law was established, and Confucianism was used as the main source of interpretation of dogmas and laws, and by the heyday of the Tang Dynasty, there was already the most complete feudal code.
The Tang Dynasty also began to set up a county government system, where local officials solved the people's livelihood, and if the government needed to make the decision, the local officials would report it layer by layer until the court was responsible.
Jianguo Temple and Dali Temple also had a relatively complete trial and verification system during this period, and the basic laws of the Song Dynasty were drawn up according to the template of the Tang Dynasty.
"Song Criminal System" and "Heavenly Sacred Order" were all improved and added by the Song Dynasty according to the Tang law, and after the Yuan Dynasty, the Tang law was directly used, and there was no re-planning and fabrication.
During the Ming Dynasty, the "Da Ming Law" was implemented based on the Tang Law, and a compilation of laws and regulations was created, which had a relatively complete ruling system for the ownership of Kyushu.
At the beginning of the Qing Dynasty, Kangxi's "Sixteen Sacred Decrees" and Yongzheng's "Sacred Decrees and Extensive Training" were formulated by continuing the Ming Law, and the "Qing Dynasty Law" was respected, so that fairness and justice were thoroughly implemented, and the inspection of the place was increased, so that ordinary people could have a place to reason and have a place to redress their grievances.
Those who offend me in China will be punished even if they are far away
In ancient times, transportation and communication were not developed, it can be said that it was an era of information blockage, there were neither translators nor translation artifacts, so how could China communicate with foreign countries, and even trade through the Silk Road during the heyday of the Tang Dynasty?
According to legend, in the initial situation of language barriers, and still need to communicate through paintings, the languages of some border areas are completely different from those of the Celestial Empire.
In order to facilitate the jurisdiction and unification of the DPRK and China, many officials were sent to study Xi in Biansai, and after they returned, they acted as interpreters, and some people living in Biansai also began to slowly learn Xi Chinese his dialect in order to collect money.
Later, the tributary system between the border fortress and the Celestial Empire was established, and these merchants who traded did not understand the laws of the mainland.
In fact, as early as ancient times, the law for foreigners was discussed and implemented, although it was not perfect, but it was also the best way to deter foreign countries at that time, and the law was clarified, and it was easier to enforce.
It also prevents foreigners from acting recklessly on the mainland, and as early as the Tang Dynasty, there were records of relevant laws and punishments for foreigners who broke the law.
During the prosperous Tang Dynasty, all countries worshipped, and the number of foreign merchants who went to the center of power to worship and trade was still very large, so this law in the Tang Dynasty was also the first to record the punishment of foreigners.
In the laws of the Tang Dynasty, it was directly stated that if a person from the same country killed one of them, then it was restrained and punished according to the laws of their country.
For example, in the Toei Kingdom (present-day Japan), if two people fight each other and one of them is killed, both of them are from Toei Country, and they are judged and punished according to the laws of Toei Kingdom.
And if the two are not from the same country, then they will be dealt with according to the laws of the Tang Dynasty, just like the people of Dongying Kingdom killed the people of Tianzhu Kingdom (now India), then it will be ruled according to the "Tang Law and Discussion" of the mainland.
In the Song Dynasty, the legal system of the "Tang Law and Shu Yi" was continued to contain foreigners, but many officials believed that this system should be improved.
Just like the law of the Tang Dynasty, it was determined that only one animal needed to be compensated to understand grievances, but many officials advocated the direct implementation of the "Song Criminal System" to the Gentiles, but at most it did not pass the holy will of the Son of Heaven.
The main reason why this system failed to pass was that after the Tang Dynasty, China's constraints on foreign countries had a foundation, and there was no need to break the restrictions at the time of the original balance.
Secondly, if they were to follow the laws of their own country, it would also make many Gentiles reduce their trade with their own country, after all, in ancient times, no one would be familiar with the laws of other countries because of trade.
It was not until the Ming Dynasty that it began to determine the use of the opinions put forward by some officials of the Song Dynasty, and directly used the "Da Ming Law" to restrain everyone, whether it was a country or a foreign state, as long as they stepped into the territory of the Ming Dynasty, there were "Da Ming Law" judgments.
Special criminal law from ancient times to the present day
Ancient criminal law has been constantly evolving with the development of history, and in the process, many emperors and officials have created many appalling and terrible criminal laws.
Among them, Xia Shang's criminal law is the most severe and terrifying, but many people who are about to be punished have escaped by luck, because it will not harm their families, so although the criminal law is strict, there are few successful executions.
Therefore, the Xia Shang can only be regarded as the origin stage of the criminal law system at most, and the criminal law system in the Sui and Tang dynasties has really reached a more comprehensive and perfect period, especially the implementation of the "Zhu Jiu Clan" law, which also has an extremely important deterrent effect in ancient times.
In the process of the evolution of criminal law, there have also been some tortures, among which, the most famous in history should be the car cracking.
will be mentioned and appeared in many film and television dramas, the car crack is also commonly known as the "five horse split corpse", the extreme pulling, the violent rejection and pain of the body make the car crack called torture, and the one who suffers from it is Shang Ying.
And in the torture, there is another character, which will also impress everyone, in history, Mrs. Qi is the first harem woman to be made into a "human biao", which is the famous Empress Lu.
In fact, there is also a more subtle name for "Renbi" called "Ju Wu Xing", which is commonly known as "Eight Pieces of Great Unloading", and the most representative is Mrs. Qi.
Zhu Yuanzhang's great achievements in history are admired by later generations, but he also developed a torture and gave it a very literary name called "grooming".
If you think it's just dressing up, then you're sorry for Zhu Yuanzhang's title of "human slaughter", but this criminal law was abolished immediately after the Ming Dynasty because it was too cruel.
One of the longer lasting tortures is the beheading, which is commonly known as "splitting in half", and the last such torture was in the 11th year of Yongzheng.
After the inmate was beheaded, he wrote seven words of "miserable" in blood in a row before he completely lost his breath, and after Emperor Yongzheng knew about this incident, he ordered the torture to be abolished directly.
There is also a cooking torture, which has also appeared in film and television dramas, this kind of criminal law is called inhumane and dehumanizing, and the earliest victim is the eldest son of King Wen of Zhou, Bo Yi Kao, who gave Bo Yi Kao to Xibo Hou Ji Chang to eat after the cooking of Bo Yi Kao.
and the addition of officials to the jue, palace punishment, Ling Chi, jade girl climbing the ladder, dove poison, bone deboning punishment, etc., which appeared in film and television dramas, are all frightening criminal laws in the long history and very torturous to the inmates.
In ancient China, the idea of male superiority and inferiority of women was more serious, and men were usually flogged under criminal law, and only beheaded or tortured would be carried out if the punishment was serious, but there were many tortures for women.
Among them, the most frightening things for women are, dipping pig cages, parades, red embroidered shoes, torture, riding wooden donkeys, and the "Yizhang Red" used in costume dramas Chinese concubines and so on.
There have been many heinous forms of torture in the ancient history of the mainland, so what are the criminal laws of the foreign states that have always had dealings with the mainland?
The flogging in ancient Egypt was divided into men and women, and there were "three trials" in Central European countries, namely burning at the stake, waterboarding, and litigation punishment, as well as wheel punishment and piercing punishment in ancient Europe.
Ancient Greece also developed bronze ox punishment, lead drops, iron lady, near India and other places, rat punishment, saw punishment, Japanese ancient times there were caesarean section and so on, all of which sounded extremely terrible.
"Everything has a law, and it should be viewed as such", what can maintain a dynasty from its origin to prosperity for a long time must be the democratic rule of the king and the effective restraint on the people.
As the saying goes, there are no rules, and with the setting of the law, everyone can restrain their own behavior and perfect their rule in thousands of territories.
In ancient times, the majesty of the law also depended on the cruelty and enforcement of the criminal law, which should not only represent the authority of the monarch in the country, but also be able to deter and restrain foreign traders and merchants from committing misconduct in their own country.