Traditional Culture Encyclopedia - Traditional stories - "Being brave" is a virtue, but why is it an obligation stipulated by law in the Qin Dynasty?
"Being brave" is a virtue, but why is it an obligation stipulated by law in the Qin Dynasty?
The earliest source of courage is the Book of Changes. I ching has a cloud:? It's not good to defeat Meng, but it's good for Yu Kou. ? In other words, anyone who attacks an ignorant person is a thief's behavior and will be punished; Those who resist or stop such banditry should be supported or protected. This is a rule similar to self-defense. When oneself or society are infringed, they are protected and encouraged by law to stand up and attack.
Today's society, be brave? Is a virtue; But in the Qin dynasty two thousand years ago, it was everyone's responsibility.
About the Qin Dynasty? Be brave? The provisions of
1975, a number of bamboo slips recording the laws of the Qin Dynasty were unearthed in Yunmeng County, Hubei Province. One of the bamboo slips named "Question and Answer of Law" stipulates:? If a thief kills someone, he will rush, and others will not help. A hundred steps are better than the wild. ? If someone sees someone injured in a public place (avenue), passers-by within 100 steps will be fined two sets of armor if they don't rescue them.
In today's legal society, this provision seems unreasonable. Do you know what's most important today? People-oriented? ,? Be brave? Although it is a quality that every citizen should have, we should pay attention to everything and don't take it? Be brave? When you escape from death, you vent your personal feelings and do illegal things under the guise of justice. For example, if a thief is caught in the village, everyone rushes in to fight the thief. If the thief dies, he needs to bear corresponding legal responsibilities.
But the law also depends on the background of the times. This provision of the Qin Dynasty was reasonable at that time. Because communication was underdeveloped in those days, it was impossible to report separatist events in time and take charge of public security? Stealing? It is impossible to get to the scene at once. Therefore, it is helpful for social stability for people present to share the responsibility of rescue.
Some people say, what if I see the infringement but have no ability to stop it? You worry too much about this. Qin people combined agriculture with war and received formal military training in their spare time. It can be said that Qin is a country where all the people are soldiers. As long as they are adults with sound limbs, they must have received military training and have the ability to stop crimes.
Some people say that I am born timid and just don't want to mind my own business. What should I do? It doesn't matter. If you don't help in a big infringement case, such as telling a story about human life, the government will prepare prison meals for you. This prison meal has a name, called. Sit together? .
Qin dynasty? Stone house? system
What did the Qin dynasty do when managing the people? Stone house? System, also known as? Household registration? System. In the state of Qin, both men and women must register their household registration after birth and be removed from the list after death. Everyone may not share happiness, but if they are guilty, they will definitely sit together.
The household registration in Qin dynasty, including name, gender, age, land and other contents, is a fundamental system for ruling the people. At the beginning of Shang Yang's political reform, this system was quite strict. It is forbidden for father and son to live in the same room. If there are more than two adult male laborers in the family, they must be registered separately and independently. At the same time, according to the military organization and the establishment of the government and the people throughout the country, five is five, and ten is why they supervise and report each other. If one family commits a crime, the other nine families don't expose it, and ten families sit together. This kind of law firmly binds farmers to the land, and the state directly controls the population and income of the whole country.
But don't be afraid. After Qin Shihuang unified the six countries, he began to have various preconditions, no longer? One person commits a crime and all sit together? So simple and rude.
Like you? What? Are you responsible for the crimes committed by your neighbors? It depends on whether you know it or not. It is clearly written in "Legal Question and Answer": If a person steals money and goes to someone else's house as a guest, the owner knows his criminal behavior and does not report it, and he will be fined and handed over as a shield afterwards; If the host really doesn't know that the guest stole the money, he doesn't have to bear legal responsibility.
However, in order to improve the enthusiasm of ordinary people to report illegal crimes, the Qin Dynasty spared no effort to give material rewards to those who acted bravely. If you see someone hurting someone, you can catch him red-handed and send him to the official, then all his money is yours. If you have a pair of discerning eyes, recognize the fugitive and capture him (which is a bit difficult in captivity without photos), you can get a reward of two Jin of gold (don't be too happy, it's actually copper).
Two Jin of gold is so tempting to ordinary people that many cases of catching the wrong person have happened. Because people who commit crimes in the Qin dynasty have to scream? Finish this sentence? The punishment was to shave the sideburns on the head, and as a result, many bald men were killed. Be brave? Those who were handed over to the government. Through these regulations, the Qin dynasty made every common people become? Chaoyang people? Keep your eyes open at all times, and the law and order is excellent.
The case of the Qin dynasty's courageous act.
Under the four rewards, there must be brave people. Under the guidance of the government, being brave has become the gene in the blood of every Qin people. The Qin bamboo slips in Yuelu recorded an advanced story of being brave: a widow who lived alone, and one day a gangster sneaked into her house and tried to flirt with her. This woman is very clever, saying that if the door is not closed properly, she will be seen. The gangster told her to close the door. As a result, the elder sister rushed to the door and shouted for help. One of her neighbors immediately came to help and sent the gangster to the government. Needless to say, all the money this gangster used to pretend to be B fell into this one? Good neighbors in Chaoyang? Pocket.
The government requires ordinary people to be brave, so how should they take the lead? Objectively speaking, the requirements of Qin law for officials are much stricter than those of ordinary people.
Let's make an analogy. If one day, when you are sitting at home, robbers rush in and rob your house, and you dare not shout for help under the threat of a big knife, you can only watch the robbers grab everything and leave. You wait for the robbers to leave before reporting to the authorities. Officials later caught the robber. So when you are convicted, is your neighbor responsible?
The answer is none. Because you didn't call for help, your neighbors didn't know there were robbers in your house, and of course they wouldn't come to the rescue. However, one of your neighbors must take responsibility. This person is the manager in charge of you, that is to say? Li Lao? .
This rule seems unreasonable, but who let him? Officer. And then what? Although he is as small as an official, when he becomes an official, he will bear the responsibility of an official. In fact, the bigger the Qin dynasty official, the heavier the responsibility.
Although you were robbed, Li Lao? There is no responsibility in itself; However, committing crimes in his jurisdiction proves that they are not doing a good job in public security at ordinary times, at least they are suspected of dereliction of duty, so they must be responsible.
These legal provisions of the Qin dynasty are like formulating a? From the crime of destruction? . Because the Law Q&A stipulates that if a robber breaks into a house and injures his master, and the master calls for help, his neighbors will be convicted if they don't save him.
After the Han Dynasty, the legislation on doing good became more detailed and specific. It was stipulated in the Han dynasty that it was a crime to enter other people's houses without reason? Not guilty of murder? . In the Tang dynasty, the laws of the Tang dynasty also stipulated that the people would reward those who caught thieves, as well as the stolen goods and money on thieves? Chaoyang people? . These laws all have the idea of legal protection for those who are courageous.
Can you dare to enter the law?
The criminal code of France today is somewhat similar to that of the Qin Dynasty. The French criminal law clearly stipulates that anyone who can take immediate action to prevent the occurrence of a felony or misdemeanor that infringes on the integrity of others, but deliberately gives up the action, will be sentenced to five years' imprisonment and a fine of 500,000 francs. Anyone who has the ability to take action against others in danger, or can arouse rescue action, is not dangerous to himself or a third party, but deliberately gives up giving assistance, and is also sentenced to five years' imprisonment and a fine of 500,000 francs.
As far as the reasons and purposes are concerned, the Qin Dynasty mainly used laws to strengthen people's courage under the conditions of small population and backward communication. In a sense, it is the performance of the omnipotence of law; French law is to change the task of crime prevention and control from the state alone to the joint responsibility of the state and society, to maximize the concentration and utilization of resources, and to strengthen the moral relationship between people who should help each other.
Is it necessary for us to set up one today? From the crime of destruction? And then what? This is unlikely. Because everyone's life is equal, we can't ask one person to give up his life for another's life, nor can we ask a thin old man to fight a fierce murderer.
The sitting system in the Qin Dynasty placed power and responsibility on the same position. The law stipulated that ordinary people must be brave and resourceful, and officials must take the lead. So? Being brave is an ancient traditional virtue of the Chinese nation? This sentence is wrong, at least in the Qin dynasty, this is not a virtue, but an obligation stipulated by law.
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