In 936, King Taejo ended the "post-Three Kingdoms" era on the Korean Peninsula and the founding of Goryeo. However, at the beginning of the founding of Goryeo, the royal power was not stable. After reunification, the generals from the Hao clan still had a strong private army organization, and some local city lords still maintained a semi-independent state.
They enslaved captives and refugees, and the growth of slaves meant economic and military growth, and to curb this growth, the number of slaves must be reduced. Taizu Wang Jian tried to reform the slave system.
"The Biography of Goryeo Shi Choi Seung-lao": "At the beginning of the founding of my holy ancestor, except for those who had slaves, their subjects had no other people, or those who were captured from the army, or the holy ancestor who bought slaves tasted to let go of the prisoners as good, and worried about the intention of the heroes, Xu Cong was cheap. ＂
However, the monarch is weak and the subjects are strong, the hearts of the people are different, and Taizu's reform has only failed.
Just two years after Taizu's death, a rebellion broke out in Wang Gui. It was not until the reforms of Emperor Guangzong (the fourth son of Taizu) that the consolidation of the royal power brought about a turnaround. The strength of the aristocracy made the reform force unable to be obtained from within, but only sought from the outside.
Therefore, Gwangjong began to implement the policy of "Huahuaization", which was the so-called use of the power of the Son of Heaven and the Chinese system to reform the inherent social and political structure of Goryeo, so as to achieve the purpose of cracking down on the old power of the nobility and strengthening the autocratic monarchy. After that, except for the policy of "Chineseization" after The ascension of Goryeo Jingzong to the throne, successive kings basically followed it very much.
Until the end of goryeo, the Yuan and Ming dynasties in China were in the process of dynastic change. Under the agitation and impact of the huge political events of the Central Plains, the succession of the Yuan and Ming Dynasties, the policy trends of Goryeo also changed accordingly.
Map of Goryeo at the end of the Yuan Dynasty and the Ming Dynasty
Two claims emerged within the ruling clique:
The first is to revive the country's 'local customs'
The first is to implement the 'Huahua' policy
Thus there was a dispute between "Chineseization" and "local customs", which existed until the early days of the establishment of the Joseon Dynasty. Emperor Taizong of Joseon had a deep Confucian cultivation and great respect for the policy of "Chineseization", and "one obedience to the Chinese system" became the consensus of the monarchs, and in this context, a drastic reform was carried out on the inherent slave customs of the peninsula.
As we all know, the slave system on the peninsula was inherited from Silla and Baekje to the Goryeo period, and the slave system of the Joseon Dynasty was mainly imitated from Goryeo and was an important local custom on the peninsula.
The Goryeo Shi Penal Chronicle of slaves in the slave order: "There are slaves in the eastern kingdom of Fudong, and there is a great complement to the wind religion." Therefore, strict inside and outside, such as noble and lowly, the act of etiquette and righteousness, do not go through it. ”
It can be said that the slave system is of great significance, it concerns the vested interests of the aristocratic and powerful groups, and the reform is "to move the whole body with one shot". Whenever the monarch reformed the slave system, he was bound to be opposed.
Adhering to the national policy of "respecting the great and respecting the ming", although Taejong of Joseon vigorously promoted the policy of "Huahuaization", due to the huge resistance of local customs, Taejong slowed down the pace of the "Huahuahua" policy in the later period, replacing rapid change with gradual change. This practice was inherited by subsequent monarchs such as Sejong and Emperor Wenzong.
Adhering to the national policy of "respecting the great and respecting the ming", although Taejong of joseon vigorously pursued the policy of "Huahuaization"
Secondly, the dispute between "local customs" and "Chineseization" is not only a struggle between the nobility and the royal power, but also a specific cultural background, that is, the attitude of the elite to Chinese culture. In the early goryeo period, the Goryeo people had a high degree of conceit and rationality about their own culture, so in the early Goryeo period, the influence of the Chinese system on Goryeo was relatively limited.
With closer interaction with the Central Plains Dynasty and a deeper understanding of Chinese culture, the attitudes of the elite towards Chinese culture were divergent. Differences during the Joseon Dynasty remained.
Some people admire Chinese culture and are therefore more inclined to "Chineseization", and the supporters are called "north-south philistines" by the opposition.
Some people are loyal to their own culture and are therefore more inclined to maintain "local customs". Represented by Lee Ji-bai during the reign of Emperor Chengzong of Korea, they considered Chinese culture to be heretical and resisted the policy of Chineseization.
This article is in the context of the dispute between "Chineseization" and "local customs", through the perspective of the reform of the slave system during the Joseon Dynasty, for everyone to study together.
<h1 class = "pgc-h-arrow-right" > the composition of the slave class in the Joseon Dynasty</h1>
In ancient China, the social status of officials and commoners was different, and the social status of good people and untouchables was also different, so it is said that noble and lowly is a category, and good and lowly is also a category.
The Joseon Dynasty had a ruling class and a ruled class, and the ruling class was divided into two classes, the top of which were two classes, usually known as "Wenban" and "Wuban", that is, "Dongban" and "Xiban"; the ruled class was divided into three ladders, the civilian class, the good service class, and the untouchable class.
The Joseon Dynasty was divided into three ladders by the ruling class, the commoner class, the good-working untouchable class, and the untouchable class
In the Joseon Dynasty, the most important component of the untouchable class and the untouchable class was the slave. Male slave, female slave, slave is a general title. There are two main types of slaves, namely official slaves and private slaves.
"New Treatise on the History of Korea": "Slaves are either public or private, public slaves, included in the official register, and if they belong to the official government and serve and pay tribute, they have nothing to do with the lord; private servants are served by the lord." Official slaves are divided into those who serve in labor and those who pay taxes. The former obeys the government's instructions to do a certain period of work a year, and the latter pays a poll tax. There is also such a difference among private slaves. The slave maids worked in the master's house or farmed in the adjacent fields, and the slaves paid a certain fee to the master. ”
The Joseon Dynasty implemented a strict hierarchy of status, the first source of which was blood lineage. Marriage between good and lowly is prohibited by law, and children born after marriage adhere to the principles of "one lowly is lowly" and "from lowly to good". The second is that they are not just being unworthy because of crimes. Because of crimes, especially treason, rebellion, theft, and other crimes, there are many wives who sin with their husbands and sons from their fathers.
"Records of the Joseon Dynasty": "Sejong Dynasty, Fangganzi Mengzong committed rebellion, and the subjects of a country did not share the vengeance of heaven, and they were protected by the chieftain, and to this day, it is fortunate." His Mengzong slaves one hundred and twenty-eight mouths, please belong to the public. ”
Meng Zong committed the crime of rebellion, and more than a hundred mouths were not treated as public lowly. Crimes such as conspiracy to rebel and great rebellion directly endanger the safety of the society and are extremely serious crimes. The third is to buy foreigners to act as slaves. Japan is close to North Korea, and North Korea sometimes buys Uighurs as slaves.
"Records of the Joseon Dynasty": "I wish to buy a widow from now on, thinking that I am a slave, and forbidding everything to prevent misfortune." ”
Fourth, because of the war, prisoners of war became slaves. The above are the most important sources of public inferiority.
War was also a major source of slavery
<h1 class= "pgc-h-arrow-right" > second, the reform of slave "local customs" in the context of "Huahua"</h1>
The essence of the dispute between "Chineseization" and "local customs" is the political demands expressed by different political forces. During the Goryeo period, King Taejo had the intention of reforming the slave system, but due to the reality that the monarch was weak and the subject was strong, he was unable to carry out reform.
"The Holy Ancestor tasted to let the concubine be good, and he was worried about the will of the hero, and Xu Cong was cheap."
The record reveals the fact that Taizu himself had attempted to reform the slave-slave legal system, but failed due to opposition from the aristocratic clique. Not only that, in order to allow the aristocratic forces to support his sons and heirs to succeed to the throne, Taizu specifically mentioned in the "Ten Precepts" left to his descendants:
"And he who once belonged to the official temple slaves, jinyi, or miscellaneous rulers, or surrendered to the situation, or attached to the palace of the prince, treacherous words, and chaotic government, so that there will be disasters."
And clearly indicate:
"But I am the East, the old Mu Tang style, the cultural relics and the liturgy, and obey its system." There is no need to agree with different people and different human natures. ”
Promise that the royal power will not change the "local customs", including the slave law, in exchange for their support.
During the Gwangjong period, the "Huahua" policy began to be implemented, and the political and social structure of Goryeo was reformed with the Chinese system, so as to strengthen the king's power. He began to reform the slave system and promulgated the slave law.
The slaves decided, in accordance with the prosecution law, to restore the free status of those who had previously been civilians. The purpose was to reduce the number of slaves, thereby curbing the excessive expansion of the economic and military power of local city lords.
During the reign of Emperor Guangzong, slaves were promulgated to curb the power of the city lord
At the beginning of the Joseon Dynasty, Taejo established the national policy of "doing things greatly and honoring the Ming", and then after Taejong ascended the throne, he began drastic reforms.
Emperor Taizong was a man of great talent and profound Confucian cultivation, and during his reign he was particularly committed to the promotion of the "Huahua" policy. Its purpose is to strengthen the king's power, and the slave "local customs" are a major obstacle to strengthening the royal power.
"When the good people are exhausted, the army is sufficient; when the public is exhausted, the office is sufficient; when the private people are exhausted, the scholars and doctors are enough."
The increasing number of Dalits and the decline of good people means that the country's taxpayer population is decreasing, the monarch's income is limited, and the economic and military power is declining. On the contrary, the growth of private slaves meant the growth of the economic and military power of their masters. For the crown to curb the growth of aristocratic power, it had to reduce the number of slaves. Therefore, strengthening the control of slaves and elevating slaves to good people, and reducing the number of slaves owned by the nobles were extremely important parts of strengthening the royal power.
He carried out three reforms of the slave system, namely:
Slave Number Plate Law: All men between the ages of ten and sixteen wear signs with addresses, names, official titles, and appearances. The slave's sign bears the name of her master. The purpose of this provision is not to abolish the slave system, but to strengthen the control of the state over society and to bring private slaves who are completely outside the control of the state into the scope of the state. After the introduction of the Law, many of the people omitted from the household registration were identified, which played a certain role in ensuring the financial revenue of the state.
Slave number plate
Establishment of a supplementary military system: Since the late Goryeo period, the military system has been extremely chaotic, so Lee Tae-tae spared no effort to rectify it. He established the Yixing Three Armed Forces To control the military apparatus. However, due to the fact that the clergy and others still retained private armed forces, they could not concentrate military power in the hands of the government. Emperor Taizong resolutely banned private soldiers, thus controlling military power into the hands of the government. The military system at that time was similar to the Tang Dynasty's prefectural military system. This "Huahua" military system required a sufficient number of civilians, so Emperor Taizong needed to change the customs of slaves and slaves.
Supplementary military system
The first line of public and private slaves born of good husbands from the father's service: The provisions of the Tang Law on slaves and other untouchables are basically summarized as follows: On the basis of strictly maintaining the hierarchical identity system, the principles of "one good and eternal good" and "from good to good and not from the lowly" are implemented, and most of them are allocated in the direction of benefiting the untouchables. In the Goryeo period, the issue of good and lowly adhered to the principles of "one untouchable and never inferior" and "never from the untouchable", as long as once they became untouchables, they and their children and grandchildren could never get rid of the untouchables. Even if one is released oneself, the effect is limited to one generation, and the families of their children (including those born after the release) are still untouchables. In addition, whether it is a father or a mother, as long as one of them is a dalit, he and his descendants will always be untouchable. On the basis of maintaining a strict hierarchy of status, China adhered to the principle of "one good and good use", and first practiced the law of obedience to the father in the Taejong dynasty of Korea, and reformed the customs of slaves and slaves.
The first line of public and private slaves born of good husbands from the father's service
However, due to the huge tension of "local customs", the reform was not smooth. The number plate law undoubtedly infringed on the interests of the nobles and other vested interests, so there was a lot of opposition when it was first introduced, and it did not receive the expected effect, and there were many abuses.
In May of the sixteenth year of Emperor Taizong, Hong Rufang shangshued: "The establishment of the number plate was originally forbidden for the people to be displaced, and it was also called the exile of Shu Yiye. The present exiles cannot be obtained, and the fugitives are no less than the day before. Most of the criminals outside the capital are judged by the number plate, no card, no change card, no engraving card, forged card, lost card, changed card, prison troubles and the people complain, and resist self-increase, which really does not help the state, please dismiss it. ”
As a result, the number plate law was abolished after only three years.
The supplementary military system also had a great discussion in the Chengzong period, and the supplementary military system enabled people who should have been from the lowly to enter the martial class and become the bureaucratic class through military merit and other means, which undoubtedly violated the vested interests of the nobility.
In the seventeenth year of Emperor Taizong's reign, the Si Zhi Yuan shangshu said: "Do not ask the good and the lowly, all belong to the supplementary army, and the good and the low are mixed, and it is really inconvenient." ”
Under aristocratic politics, the opposition opposes the change of slave customs on the grounds that "good and bad are mixed, but it is not convenient", and its essence is to protect its own privileges and interests. On this issue, Emperor Taizong did not compromise as skillfully as he did in the number plate law, which is called:
"Good is less and less, and the words are annoying." Now that the lawsuit is a good deed, the deed is unknown, the long time has not been discerned, and the thought is to break the lawsuit, in order to establish this law. What harms the country? ”
On the one hand, the purpose of legislation is to reduce contentious litigation. On the other hand, good is harmless to the country. However, the purpose of setting up a supplementary military system is to reduce litigation is not the most important reason, and it is not the key to the fact that more and less are harmless to the country, the key is that Emperor Taizong wants to strengthen the centralization of power and needs more free flow of resources, so he will increase the number of civilians for the sake of lowliness.
Emperor Taizong found that due to the huge tension of "local customs", the rapid "Huahuahua" policy was not feasible, so he slowed down the pace of the "Huahuahua" policy and replaced the rapid change with gradual change.
In the late Taejong period of the Joseon Dynasty, the pace of Chineseization was finally slowed down
Subsequent monarchs such as Sejong and Emperor Wenzong also took the rapid "Huahuahua" policy of the Taizong period as a lesson, and also relatively relaxed in the reform of the slave system, for example, the above-mentioned public and private servants born of liangfu who were born from the father's service also returned to the slave custom of "untouchables from the mother's service" in the Shizu Dynasty.
In fact, taking into account the deep-rooted slave system in the Joseon Dynasty, the change to it is "one shot and one body", and under the current balance of power between the royal power and the nobility, it is not yet able to completely change the slave customs, so it is more inclined to "gradual change". But its efforts to change slave customs are also evident.
Sejong feared that a complete return to the "local customs" would make the untouchables unable to follow the path of conscience, which would be detrimental to the consolidation of the royal power, and eventually opened the path of conscience by the method of redemption.
<h1 class="pgc-h-arrow-right" >4</h1>
At the beginning of the founding of Goryeo, the monarch was weak and strong, and in order to change this political reality, Gwangjong tried to reform, but a series of systems of the imperial court were based on the local customs. The impetus for reform cannot be obtained from within, but can only be sought from the outside. Therefore, the policy of "Huahuahua" was implemented to increase the power of the king. Later, Jingzong reflected on Guangzong's "Huahuahua" policy, which caused great setbacks to the "Huahua" policy.
After Emperor Jingzong abdicated, Emperor Chengzong took the throne, and he adopted the advice of Cui Chenlao and inherited Guangzong's Huahua policy. Most of the subsequent kings followed Emperor Guangzong, and Chengzong's policy of "Huahuahua" remained unchanged. However, in the early days of the Joseon Dynasty, the dispute between "Huahuahua" and "local customs" was still relatively fierce, so that the slave customs could be maintained and not completely changed.
Later, Emperor Taejong was very active in promoting the "Huahua" policy, and in this context, he carried out three reforms of slave customs, and the three systems he reformed all had a great impact on the slave system of the Joseon Dynasty.
Emperor Taizong's setbacks in implementing the policy of "Huahuaization" and his eager reform of slave customs led to the subsequent monarchs such as Sejong and Wenzong as a warning, and adopted a compromise method of gradual change instead of rapid change.
The essence of the dispute between "Huahua" and "local customs" is the power struggle between the royal power and the nobility, and the slave system is a key link in it. In the context of "Huahuaization", those who oppose the change of slaves and local customs often argue from the aspects of identity hierarchy and customs and habits, the essence of which is to safeguard the interests of vested interest groups such as nobles.
In view of this, I think that the legal systems of any two countries cannot be completely identical, and it is impossible to transplant from one culture to another without some kind of indigenization process. Therefore, in the process of transplantation, we must fully consider the actual situation of the country, make trade-offs according to the national conditions, and integrate the transplanted legal system with the existing local resources of the country.
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