Ten evils of Tang law

The principles of penalty application in Tang law can be divided into three categories: 1, the principle of severe punishment for ten evils; 2. The principle of imperial power and bureaucratic relief; 3. Other punishment principles. Ten evils are ten serious crimes that directly endanger feudal rule. In the Tang Dynasty, following the Sui Law, these ten kinds of crimes were severely punished, and the contents were specially marked. The specific contents of the ten evils are as follows:

1. Conspiracy is a criminal act of planning and participating in overthrowing the feudal landlord class regime. That is, "seeking a dangerous country." The crime of rebellion was established from the Qin Dynasty and remained in use until the end of the Qing Dynasty. The annotation of the law is "seeking danger for the country". She is the land god and Ji is the grain god. She has always been a symbol of the country and the monarch. Rebellion is an attempt to harm the monarch or the country.

2. Rebellion is a criminal act of plotting to destroy imperial ancestral temples, tombs and palaces. That is, "it is said that ancestral halls, mountains and palaces have been destroyed." "Treason" refers to some heinous crimes in Qin and Han dynasties, and there is no specific charge. The law of the Tang Dynasty clearly stipulates that there are three specific charges for this crime: "Conspiracy to destroy ancestral temples, mountain tombs and palaces." The ancestral temple is the temple where the emperor worships his ancestors, the hill is the tomb of the emperor's ancestors, and the Quegong is the place where the emperor himself lives. These are symbols of the emperor and imperial power. Trying to destroy it is an attempt to violate the ancestors of the emperor and challenge the authority of the emperor, so it must be severely punished. The Law of the Tang Dynasty stipulates that anyone who conspires or rebelles against the great rebellion, regardless of his head, will be beheaded; His father and his son over sixteen are twisted; Wives and concubines, sons under the age of fifteen, wives and concubines of mothers, daughters, sons, grandsons, grandfathers, brothers and sisters are all servants; There are no officials in the family's music, maids, wealth and family; Uncle and nephew, whether they live together or not, has lived for 3,000 miles. Even if the plot is not actually implemented, it will still be hanged. In the Ming and Qing dynasties, it was further aggravated that all those who participated in the rebellion and rebels were put to death, and all male relatives over the age of 16 were beheaded.

3. Rebellion is a criminal act of plotting, betraying the country and taking refuge in the enemy. That is, "it is said that the country is going to take a holiday." Rebellion has been a crime since the Spring and Autumn Period, and it is a felony to lay down your arms and surrender to the enemy on the battlefield in the future. It can be seen from Qin bamboo slips that anyone who is thought to have died in battle and then returned to China alive will be punished as a slave of the imperial court. If you voluntarily lay down your weapon, you will have to implicate your family. According to the law of the Tang Dynasty, if there is an attempted treason, the first offender will be hanged and the accomplice will be exiled; Those who "took the right path", that is, those who committed treason and invested in hostile countries, were beheaded regardless of their heads, and their wives and children were separated by two thousand miles. The people's "desperate Yamazawa" will not listen to the government's call, but will also commit treason; The officers and men who dare to resist are also "on the road."

Evil disobedience is a criminal act of beating and murdering respected relatives. That is, "beating and killing grandparents and parents, killing uncles, aunts, brothers and sisters, grandparents, husbands, grandparents and parents". After the Tang dynasty, it specifically refers to crimes within the family, including beatings and murders of grandparents and parents by future generations; Nephew killed uncle's parents and aunt; Brother kills brother and sister; Grandson killed grandparents; A wife kills her husband or his grandparents or parents. The law of the Tang Dynasty stipulated that all heads should be beheaded regardless of their size, and the law of the Ming and Qing Dynasties aggravated the death penalty that year.

5, no way, "no way" is usually called "big rebellion", especially a group of vicious crimes after the Sui and Tang Dynasties. Killing three innocent people, dismembering people, making animals to poison people and cursing people with witchcraft are criminal acts. That is, "killing three non-capital crimes, helping others, animals are poisonous and disgusting." Making drugs and avoiding spells here is an act of harming people by witchcraft, which is as bad as the act of killing three people and dismembering them for non-capital crimes, with serious consequences.

6. Disrespect is a criminal act that endangers the personal safety and dignity of the Emperor. Including stealing the emperor's articles, threatening the personal safety of the emperor due to mistakes, disrespect for the emperor and imperial envoys, etc. "Disrespect" refers to the crime of violating the dignity of the emperor at least since the Qin Dynasty. After the Sui and Tang Dynasties, the following crimes were included: stealing the sacrifices offered by the emperor to the gods and stealing the daily necessities of the emperor; Stealing or forging the emperor's seal; Because of mistakes, the emperor did not fill the prescription or wrote the wrong title; When cooking "imperial meals" for the emperor, he violated the "fasting order" because of mistakes; Making vehicles or ships for the emperor is not firm due to mistakes; According to ethics, courtiers offended your father; "Accusing and using" is to severely accuse the emperor; Lack of respect for the envoys sent by the emperor. The main punishments for disrespect are decapitation and scuffle.

7. Filial piety is a criminal act that a grandson can't treat his parents and grandparents well. Including blaming and cursing grandparents and parents; Grandparents and parents are here, set up another portal, divide property and raise insufficient; During the period of mourning for parents, talk about marriage and talk about marriage, and be happy without wearing mourning clothes; Knowing the funeral of grandparents and parents and concealing the funeral; And lied about losing grandparents and parents. In essence, these acts, like evil and disobedience, are violations of respected relatives, but to a lesser extent. In ancient China, there was a saying that "unfilial is the greatest sin", which was said to be a principle established by the laws of Xia Dynasty. Filial piety after Sui and Tang Dynasties is a group of crimes that are considered to be serious violations of filial piety, including: ① children and grandchildren were hanged for reporting or cursing grandparents, parents, informers and scolders; (2) Grandparents and parents have "different wealth", that is, children and grandchildren are separated from their grandparents and parents before they die (if they are instructed by their grandparents, their parents are innocent) for only three years; (3) violating the "fatwa" (lessons and instructions) of grandparents and parents, the sentence is only two years; 4 "Insufficient support" refers to insufficient support for grandparents and parents, which lasts only two years; ⑤ The mourning period violates filial piety for only three years, such as getting married, playing music, taking off mourning clothes and wearing "auspicious clothes"; ⑥ "I don't mourn when I hear my grandparents' parents are mourning", and it is a thousand miles away; ⑦ lied about the death of grandparents and parents, only three years.

8. Disagreement is a criminal act between relatives. That is to say, "it is to murder relatives above hemp, and tell husbands and husbands to respect their elders above meritorious deeds, and to respect their subordinates above small achievements." The range of relatives is determined according to the clothing system. Close relatives refer to relatives of men under the same great-grandfather parents, small relatives refer to relatives under the same great-grandfather, and big relatives refer to relatives under the same great-grandfather. Relatives of the same rank are also distinguished from each other. Inconsistency is also classified as heinous because it violates the principle of "kissing" in ethics. According to the Law of the Tang Dynasty, such crimes include: ① Killing relatives in China. Killing an elder within the size of Huma is 2000 Li, and killing a relative of a child within the size of Huma is reduced by two levels according to the crime of homicide. (2) selling relatives in China. Those who forcibly sell their children's relatives during the marriage as handmaiden shall be treated as fighting to death; (3) The wife beats, insults or informs on her husband, elders who have rendered meritorious service or subordinates who have rendered meritorious service. If a wife beats or insults her husband and his elder relatives, she will be reduced by one level according to her husband's same behavior, and if she informs on her husband, grandparents or parents, she will only serve two years.

9. Injustice is a criminal act that infringes on the rights of officials and husbands. In other words, "it means killing the master, killing the secretariat, killing the county magistrate and killing the teacher." The officers and men killed more than five officials of the headquarters; I was not sad when I heard about my husband's funeral. If I have fun, I will obey Ji and remarry. "After the Sui and Tang Dynasties, it mainly refers to that local governors at all levels were killed by civilians, chiefs with more than five grades were killed by soldiers, and teachers were killed by students. Anyone who is ready to kill will flow for two thousand miles, and those who are injured and killed will be beheaded.

10, civil strife, is the crime of rape between relatives. That is to say, "those who commit adultery with relatives, fathers, ancestors, concubines and make peace with others". "Harmony" refers to adultery. After the Sui and Tang Dynasties, it mainly refers to the adultery of relatives of the same age in Xiao Gong, and the two sides flowed for two thousand miles. If it is rape, the man hangs; However, if you commit adultery with your grandfather or father's concubine, or with different generations within Xiao Gong (referring to uncles, aunts, sisters, daughters-in-law or grandchildren's daughters-in-law, nieces), you will be hanged. The ten evils mentioned today originated from the laws of Emperor Kai of Sui Dynasty. The "ten evils" in the laws of Northern Qi Dynasty were slightly changed and named as "ten evils", which seriously endangered feudal privileges and feudal ethics, namely: rebellion, rebellion, imprudence, unfilial, disharmony and injustice.

Some of the ten evils appeared as early as the Zhou, Qin and Han Dynasties. For example, "Ancient Times" said: "The Yuan Dynasty was extremely evil, but it was just unfilial and unfriendly ... The king of Wen must punish it quickly, and it is unforgivable." Zhou Li, a local official, said, "Correcting the villagers with eight punishments: one is unfilial punishment, the other is disharmony punishment, the third is not marrying, the fourth is not being a brother, the fifth is not being appointed, the sixth is not being compassionate, the seventh is making words, and the eighth is gathering people to make trouble."

The law in the bamboo slips of Qin tomb in Yunmeng Sleeping Tiger Land, Hubei Province answers: "If you don't ask people to be unfilial, kill them. Is it a three-ring road?" If you don't ring it correctly, don't lose it. "(Three Rings are Three Principles, which means forgiveness) There are also" indecent "and" disrespectful "items in the Nine Chapters of the Han Dynasty.

The Northern Qi Dynasty enacted the Northern Qi Law, and for the first time, all the items in the "Ten Evil" were grouped into "Ten Serious Crimes", namely:

One is rebellion, the other is rebellion, the third is rebellion, the fourth is descent, the fifth is rebellion, the sixth is immorality, the seventh is disrespect, the eighth is unfilial, the ninth is injustice, and the tenth is civil strife.

The Sui Dynasty changed the heinous crime into heinous crime, and merged rebellion and surrender, adding another one. The word "conspiracy" is added to the first three articles, and it becomes rebellion, rebellion ("two people discuss for the purpose of seeking", no specific behavior is needed, as long as there is a "conspiracy", it is enough to become a crime); Adding the word "big" to an irreverent article becomes irreverent. Later dynasties also used it. A rebellion. (of a dangerous state. )

A brief discussion said: The case "Biography of Ram" said: "If your relatives don't have generals, they will be punished." It is said that there will be rebellion and those who hurt your father will be punished. "Zuo Zhuan" says: "Heaven and time are disasters, and people and morality are chaos." However, the king occupies the supreme position of Chen Ji, and he is entrusted by God as Zhao Shu's parents, just like the second instrument. Be a son and a minister, but be loyal and filial. However, if you dare to cover up evil intentions, you are rebellious. You are rebellious against nature and humanity, so you call it "rebellion".

A brief discussion: Society is the god of five places and millet is the field, so God is authentic and cautious. You are God's Lord, food is human nature, God's kindness is God's peace, and God's peace is instantaneous. My deputies will break the rules, but they have no heart of a monarch. If the throne is in danger, God will rely on it. I dare not criticize my title, just say "country". "Zhou Li" said "left ancestors and right neighbors", and everyone respected it. Second, it's not right to beg for the worst. (refers to the destruction of ancestral temples, mountains and rivers, palaces. )

Briefly discuss: the people in this article are guilty, disciplined, immoral and extremely rebellious, so they are called "big transgressions."

A brief discussion said: some people were convicted in heaven, did not know their discipline, secretly regretted it, and did not show their intentions, so they got sick and planned to destroy the ancestral temple, the mausoleum and the palace. Patriarch, respect also. Temple, appearance also. Carving wood is the main thing, respecting the elephant and the face, placing it in the palace and enjoying it at the time, so it is called "the ancestral temple". For those who are on the mountain, the ancient emperor Wang was buried because of the mountain, and the Yellow Emperor was buried there. Or the cloud, the burial of the emperor, is like a mountain like a mausoleum, so it is called "Mountain Mausoleum". Palace, there is a purple palace in the sky, and the monarch is it, so the place where he lives is called "Palace". Erya explained Gong Yun: "View is absence." Guo Puyun: "The palace gate is double." It is called "Guan" because "the first month is auspicious, and the method of punishing elephants is hung in Wei to observe it." Third, rebellion. Trying to support the country away from falsehood. )

After a brief discussion, I will say: Some people will turn their backs on this dynasty and join the country of the model, or they want to turn over the city from the fake, or they want to leave the land, that is, they want to leave the land, such as living in clothes, seeking buildings, insurrection in public mountains and rebellion. Four words, evil and rebellious. (refers to beating and killing grandparents and parents, and killing uncles and uncles' parents, aunts, brothers and sisters, grandparents and husbands' grandparents and parents. )

Briefly discuss: the kindness of parents is extremely confusing. It's a great honor to carry on the ancestral business. Owl shows his heart, loves him, respects him, gives five copies to his closest relatives, kills himself, is poor and evil, and never abandons the principle of human nature, so it is called "evil rebellion".

Briefly discuss: knocking is knocking, and scheming is scheming. If you are lower than your uncle, you will be killed. Planning but not killing will be regarded as "inconsistent". Those who are "evil and rebellious" will always forgive and never wait; Those who "disagree" will forgive the original, but they will only be deleted from the list. This is different, so the system is different. Her husband's grandparents, her husband's great-grandfather and great-grandfather are all the same.

In case of funeral, for the husband, high service; If the husband carries the heavy burden, his wife will serve with Gaozu like his parents.

So I know that they are called "grandparents of their husbands", and so are Zeng and Gao.

Q: Grandparents and husbands are different in manners, so analyze them.

A: "Grandparents" are biological mothers, with clothes and no clothes, so this case is "disrespectful of pressure drop", so it is also. If you don't have a mother's body, you should serve your grandparents, but you don't have to serve ordinary people.

According to the ceremony, the first son is the father's, the second is not the father's, not the mother's party uniform, but the stepmother's party uniform. Both sides are grandparents. If a person's mother dies in a room, she is her mother's party dress, not her stepmother's, and her stepmother's party dress is the same as that of a mortal. Moreover, the concubine is the father, not the father, but the mother, serving the party; When my first mother died, she would not serve her party. "Li" says: "If you die, it's already gone." This came from the first mother, so the first mother died and the party had it. And "husband", according to the ceremony, there are three kinds of husbands, see in the temple in March, see in the temple, or get married, which is the same as the master method.

There are Ke Jiri and her betrothed husband, but they are not allowed to break the contract and remarry. It is committed by others, just like mortals. Five say no (refers to killing three people who are not capital crimes, helping others, poisoning animals, and disgusting spells. )

A brief exposition said: forbearing thieves is contrary to the Tao, so it is called "no Tao."

After a brief discussion, it means that three people in a family were killed, and none of them were capital crimes. If one of the three people dies together and kills two people in several families, it is only death, not heinous. Or killing a family of three, this sin is not dead, nor is it a heinous crime. Helping others is called killing people, and according to this crime, it is also a crime of death.

Brief discussion: it is called synthesis method; Although it is not a combination, it is a livestock, comparable to harm: both. That is, people who fail will not commit heinous crimes. People who hate charm have many things that can't be described, all of which are called bad customs and deeds, and want to make their predecessors suffer and die. Sixth, disrespect. (that is, stealing the sacred things of God, taking advantage of them and serving them; Stealing and forging royal treasures; Harmony and imperial doctor are not as wrong as our own prescriptions and titles; If you cook royal food, you will eat it wrong; Fortunately, the ship was not strong by mistake; Refers to taking, cutting harm, and keeping the system, and no one is a servant. )

Discussion: Politeness is the basis of respect; Respect and courtesy. Therefore, "Li Yun" said: "The ceremony is the handle of the monarch, not too subtle, and the examination system cannot be benevolent." Accusing him of committing heinous crimes and lacking respect is called "disrespect".

According to the discussion, those who make big sacrifices should follow the temple order: "The gods, the five gods, the imperial land, the Shenzhou and the ancestral temple are big sacrifices." The Law of Duty System also says: "Anyone who talks about sacrifice will enjoy it at the expense. There are great sacrifices, and it is the same. " God's command is God's command. There is a cloud in this article: "Those who serve the gods are also." Lead to theft without help. Those who steal wine and utensils, as well as water, beans, sticks and sticks, are also regarded as "disrespectful"; Those who have not been stolen by God are not. Those who take advantage of the scenery to serve the imperial things are called the things that the Lord serves the imperial things. The host takes the world as his home, swims in it, and dares not comment on his professional title, so he asks "Yu" to speak. There is a note in this article: "clothing is a genus of scorpions and bacteria, which is true and vice versa." The official part that must be supervised is intended to be a royal matter. "

Briefly, Shuowen said, "Those who seal it will also seal it." The ancients pecked * * * Zuozhuan cloud:

"Xianggong returned to Fangcheng from Chu, and Ji Wuzi took the side, so that Gongye asked and wrote a book to chase it." That's what it means.

Since the Qin and Han Dynasties, emperors have called it "Feng" and princes "Yong". In the middle of Kaiyuan, the seal was changed to "Bao". In this article, it is said that "the eight treasures of the emperor are forged" and that people who say "the treasures of the royal family" are also because the treasures of the three queens have been incorporated into the ten evils.

Let's briefly discuss it: although it is based on a square, it is wrong in the middle and violates this law wrongly. If the title is wrong, it is said that the title is sealed by the party and the title is wrong. If the pill is loose, it should be hot and cold.

A brief comment said, "Zhou Li": "A food doctor holds the king's eight treasures." It is particularly important for the company to be cautious and create a royal diet. It is "disrespectful" to rely on "eating classics" without missing them.

A brief discussion said: the emperor was grateful that the ship was intended for the royal family, so it was called "the ship is lucky." The craftsman did his best to build a ship, but he was not firm by mistake, so he entered this article. The above three things in Jade Biography are all caused by mistakes and are also heinous. If so, it is a crime of "rebellion". As a litigation supervisor, it is quasi-legal restoration, which is not considered "rude"

Briefly discuss it and say: this means that you have a desire for love. The speech is defamatory and refers to people who take advantage of it, which is reasonable and harmful. I don't want to blame others, I just want to falsely accuse others of being guilty, and I rely on the anti-sitting method to commit heinous crimes. The old saying "to kill harm by words" has now been changed to "to kill harm by reason", which not only covers the original feelings, but also punishes reason by combining leniency with severity.

A brief discussion said: some people who are ordered to be envoys and publicize the four directions are disrespectful to save their lives, but no one is polite to them.

Making an emissary means appointing a name and making the company send people also. Seven is unfilial. (that is, telling and cursing grandparents' parents, who are in other countries and have different wealth, if they lack support; If you live at your parents' funeral, you will marry yourself. If you have fun, just obey Ji. When I heard the news of my grandparents' death, I didn't mourn and pretended that my grandparents had passed away. )

Discussion: Good parents say filial piety. Violation is called "unfilial".

A brief discussion said: this article goes straight to "tell grandparents and parents", and this note also goes to "tell words" Although the words are different, the meaning is the same. The curse is still willing, and the curse is still cursing. According to this article, "anyone who curses death and suffering is regarded as murder" and should be regarded as "evil disobedience". Only the curse of courtship and flattery began to enter this article.

Q: According to the thief's law: "Children and grandchildren hate offering their grandparents' parents, but those who wish will flow for two thousand miles."

However, it is insignificant to hate charm and curse. Today, I was cursed as "unfilial". What do I hate?

A: I'm tired. I hope that although I'm in the same sentence, I'll curse lightly and hate heavily. But if you hate mortals, you will enter "no way"; If you bless those who curse, you won't commit heinous crimes. As the saying goes, "those who should be convicted should be given a lighter sentence." However, it is still "unfilial" to wish the disaster light; Knowing that it is important to hate charm, I included this article.

Let's discuss it briefly: if grandparents and parents are here, children and grandchildren can't raise them, and they can't teach themselves. However, different wealth, different nationalities, no feelings of filial piety. The name is ruined and the story is abandoned here. Recorded rituals are sinful. Two things are unnecessary, and offenders are regarded as ten evils.

On Li Yun: "The parents of dutiful sons are happy with their hearts, not against their will, and loyal to their diet." Those who are dedicated but not here will be told by their grandparents and parents.

A brief discussion said: "If you live in mourning for your parents, you will marry yourself", which means that you are the first to offend. If he marries alone, neither man nor woman is "unfilial". So it's called "marry yourself", which makes it clear that marriage is different from heinous crimes. Her husband is in mourning and married, and he is exempt from an official; If a woman is a concubine, she will be demoted to three grades: not "unfilial". Have fun, make it yourself, send it away and so on. Music means ringing bells and drums, playing the silk and bamboo, music, music, singing and dancing, and scattered music. "Release from auspiciousness" means that the funeral system is not over, but those who are freed from decay and dressed are released within 27 months.

A brief discussion said: According to the Book of Rites: "Hearing the funeral of relatives, I answered the messenger with tears and asked sadly. "Losing parents is a big deal, and it will collapse as soon as you listen. It's not that I don't mourn, nor that I don't choose the time. Its "lying about the death of grandparents and parents" means that grandparents and parents lied about the deceased after seeing it. Not if you die first and pretend to be the first one. Eight characters don't match. (refers to killing people and selling hemp, achieving great success and beating husbands and elders. )

According to a brief comment, "Li" said, "Keep your word and build harmony." The Book of Filial Piety says, "Civil harmony." Those who agree are also close. In this article, all relatives are guilty of each other, because the nine families are not at peace, so it is called "disharmony"

During the discussion, I said: However, if any relatives kill or sell hemp, they will always enter this article without asking their seniority. If you kiss your elders during killing, you will enter an "evil rebellion" after killing. Today, it is "incompatible" to kill people bluntly, not to mention the reason and the fight, if the reason and the fight are over. It's light to kill people without harm, and it's important to fight and kill them if you know their reasons, and to distinguish between the importance and the seriousness, and to discuss them with ten evils. Those who sell more than hemp are not strong and harmonious, all of which are "disharmony" Those that are not for sale, no.

According to the Book of Rites, "A husband is a woman." There is another cloud: "wives are also neat." Don't say your husband's number because you are afraid of different elders. People who have made great achievements respect their elders, but men have not made great achievements, while women have made great achievements to their grandparents, uncles and parents. Making a great contribution to the elderly means being subordinate to your father, brother and sister. "Above", uncle's parents, aunts, brothers and sisters and so on. People who respect their subordinates because of small achievements refer to grandparents, aunts, uncles, parents, aunts, grandparents, uncles and aunts. Nine is unfair. (that is, killing the head of the government, the secretariat, the county magistrate, the teacher and the official; And when I heard that my husband was in mourning, I didn't. If I have fun, I will obey Ji and remarry. )

Brief discussion: courtesy and respect, its righteousness and respect. This element is not a blood genus, but is based on righteousness and injustice, so it is called "injustice".

Briefly discuss: according to the order of "professional officials above grade 5, honorary officials above grade 3, you can get married and keep a hukou", the person who is the head of government is called "the head of government". State officials and city officials belong to their owners, just like government owners.

Its viceroy and secretariat are all published by the book; Under the six categories, they are all painted. "Apprentice" means that you are convinced of Confucianism, not a private scholar. If you kill it, it is "unjust"; Killing people without killing them is a miscellaneous crime.

A brief discussion said that "an official" means that he is lower than foreign officials. "pawn" refers to ordinary people, guards and the like. There are many examples of these colored people, some of whom killed five or more officials in their own departments and merged into "injustice." Officials and elders, in order: "All ministers are the same as the chief officials."

On husband's wife's day. Move my father's clothes and take them away, breaking the retreat for my husband. Benevolence and righteousness are two respects, and mourning is necessary. Hiding sorrow, mourning, releasing happiness and obeying life, and remarriing and forgetting worries are all against justice, so they are all ten evils. Those who remarry as concubines are not. Ten is civil strife. (refers to the rape of relatives, fathers, fathers, concubines and peacemakers. )

Briefly discuss, Zuo Zhuan said, "Women have homes, men have houses, and they should not be desecrated. Easy to mess. " If there are animals, friends and prostitutes in the family, the ceremony is chaotic, which is called "civil strife."

Briefly discuss: whoever rapes a relative with more than a small achievement is said to have raped a woman with a small achievement. If the woman is a man, although there is a small service, the man is a man who takes a nap. "Granddaughter to grandpa, nephew to uncle and so on.

A brief discussion: a man who is a father and a concubine has a son and no son, so it is; "Harmony" refers to women, men and traitors: they merged into "civil strife". If you are raped, it is true that you can make up.