Who knows what was the last law of China at that time? The more detailed, the better.

General situation of legal system in Shang dynasty

(A) "Tang Punishment"

Zuozhuan? "Zhao Gong Six Years" recorded: "If there is chaos in business, Tang will be punished. "Tang punishment is the floorboard of the Shang legal system. It was not written by Tang dynasty, but was named after Tang dynasty by the rulers of Shang dynasty in order to trace the source. The content of decoction punishment can not be tested either. But it can be seen that it was made because of political chaos, mainly about how to suppress the resistance of slaves and civilians. " "Chronology of Bamboo Slips" said: "In the twenty-four years of Zujia, he was punished by soup. "Although the soup punishment was formulated, it was not announced. This is because slave owners and nobles think that "punishment is unknowable, so power is unpredictable." "

(2) Tang Shi

Tang Shi was an order issued by Shang Tang when he crusaded against Xia Jie. With the help of God's will, God's will, Shang Tang declared the crime, saying, "If Xia commits more crimes, the destiny will die.". Wang Xia was guilty, and God ordered me to conquer him. He also said, "Xia is guilty, so he fears God and dares not be unjust." King Xia has committed many crimes, and I am afraid that God will be angry and dare not conquer them. "I am still assisting one person, and God punishes me." You should help me and punish him on behalf of heaven.

(3) Tang patent

In "Shang Patent", Shang Tang declared the evil of Wang Xia and the political program of Shang Dynasty to the world. "Tang Patent" records:

"After reporting to the ministers, I said:" Nothing is not meritorious to the people, diligent for things. I am a big penalty (Ji, Yin and) woman, and I don't complain. " Shang Tang learned a lesson from the demise of the Xia Dynasty and warned his ministers not to work the people for no reason, or he would be punished.

Criminal legislation in Shang dynasty

(A) the guiding ideology of criminal legislation

In primitive society, due to low productivity, people lack a correct understanding of natural phenomena and think that there is superhuman power dominating human beings in the world around them. This understanding or idea gradually developed into a religious belief. The religious belief in primitive society is natural and does not have the social attribute of class oppression. After human society entered the first class society, the religious belief in primitive society was added with class attribute and developed into theocracy characterized by religious superstition.

The ruling class in Xia Dynasty used people's natural religious beliefs to describe them and their ancestors as the embodiment of heaven, and combined the worship of gods and ancestors. As Engels said: "Many gods and all natural and social attributes have been transferred to an omnipotent god, thus giving birth to Shinto". (2) Almighty God was actually the ruler at that time. They described their rule as "by destiny", representing heaven to rule the world; They described the repression and punishment of slaves and civilians as "respectful punishment". Since the Xia Dynasty, slave owners have deceived slaves with the theocratic ideas of "destiny" and "punishment", and put a mysterious and legal coat on their rule. In the summer, there was a battle of Hu in Gansu, in Shangshu? Shi Gan said, "There is a Hu family who threatens the Five Elements, neglects the Three Righteousnesses, and wastes his life with Heaven. Today, I will be punished for being respectful. "

Shang dynasty inherited the theocracy thought of Xia dynasty, and went further than Xia dynasty, and developed into a typical theocracy thought. It can be seen from the myth that God established commerce, the Book of Songs? Shang song? Xuanniao: "The destiny Xuanniao (Xuanniao, jiyan, Shang totem) was born in Shang Dynasty, and his house is full of gloomy soil." Book of rites? The table says: "Yin people respect God and lead civil gods". Ideologically, the power of God plays a decisive role, and the "natural punishment" is practiced in judicial trials. "History? Tang Shi: "There are many evils in summer, and fate is fading away. "This means that Wang Xia is guilty, and God ordered me to conquer him. He also said, "Xia is guilty, so he fears God and dares not be unjust. "Xia Wang has many sins, and I am afraid of God's wrath and dare not make a conquest." I'm still helping someone. God punish me. "If you help me, you will punish him on behalf of heaven.

Slave owners in Shang Dynasty described God as the ancestor of Shang King, and ruled all things on earth at the behest of God. What Shang Zhouwang did was providence. How can God's will be conveyed to Shang King? At this time, divination appeared as a standard for judging right and wrong, and the Shang Dynasty specially raised a group of fortune tellers, namely "divination", "witchcraft" and "wish". In the Shang dynasty, all state affairs were divination, and the Shang king predicted everything every day. If you need to be tested, you must first ask God through divination. Oracle Bone Inscriptions's record that "I am in poor health (punished)" is to ask God if this person should be punished.

Shang rulers described the punishment of the people as providence, and even the tolerance of the people as providence. "Shangshu?" "Cabbage" said: "Today, Yin people are offering sacrifices to steal gods, so that they can eat without harm. "That is to say, people in Yin State should have been punished for stealing sacrifices to God, but they can tolerate it just because they have no food, so it won't cause disaster. Shang Zhouwang's brother Wei Zi saw that Zhou Wang was corrupt and was opposed by the people. In order to ease class contradictions, he adopted a tolerant strategy for some crimes, and some people said it was an act of God.

(2) the name of the punishment

Xunzi? Correct the name: "The criminal name is from business." It means that the penalty names of later generations followed those of Shang Dynasty, indicating that there were many kinds of punishments in Shang Dynasty, and the means were cruel, mainly aimed at the vast number of slaves and civilians. There are many reasons for this. On the one hand, the Shang Dynasty evolved from primitive tribes and did not get rid of primitive barbarism and cruelty. On the other hand, because the Shang Dynasty just destroyed Xia Jianguo, it is necessary to consolidate the rule of slave owners and nobles; On the other hand, according to historical data, Shang Zhouwang, the last king of Shang Dynasty, was fierce and cruel. In order to please the beloved Princess da ji, he used many punishments.

1, death penalty

Among the five punishments of slavery, the death penalty is called a great pioneering work.

(1). It is to humiliate the public alive and then behead.

(2) Paoge (sound robe leather). Historical records? Yin Benji: "It is a heavy punishment, and there is a branding method." Fierce woman

"Biography" explains the brand: "Cast copper paste, add charcoal, so that the guilty can do whatever they want. When they fell into charcoal fire, da ji laughed, which is called the punishment of branding. " It can be seen that the so-called cauterization is to oil the copper column, heat it with charcoal, let the guilty people walk on it, and soon they will fall into the charcoal and burn to death.

(3) the sea (). Also known as "Zu (Lezu) dysprosium". Is to smash criminals into paste. Historical records? Yinben

Ji recorded a case and said, "There was a good girl in the Nine Marquis, so she entered it. Nine marquis women don't like prostitution. If they are angry, kill them and marry nine marquis. " Nine Hou's daughter was very beautiful and was recruited into the palace by Zhou Wang. Zhou Wang, the daughter of Jiuhou, doesn't want to play with him. Zhou Wang killed her in a rage and beat her father to a pulp. Qu Yuan said in Li Sao that "the latter Xin was clumsy, and Yin Zong used it for a long time." This means that Shang Zhouwang used this kind of torture to cause the death of the country.

(4) Fu (Yin Fu). According to historical records? "Yin Benji" records that after the ninth Hou Ling, "Hubei Hou fought for the border (strong) and divided it.

Sick, but breast-feeding. "Hubei Hou thought it shouldn't take nine weeks, and analyzed the pros and cons of this matter, so he beat Sun Hubei Hou into dried meat.

(5) Yi Tian (music art licking). The punishment of cutting off the nose. Extinction That is, punishment, the offender himself.

And their descendants were killed, which is equivalent to the clan punishment of later generations. "History? Pan Gengzhong: "If something is unlucky, the more disrespectful it is. If you meet a traitor in a short time, you will be destroyed and uneducated. "When preparing to move the capital, King Pan Geng of Shang Dynasty announced that anyone who disobeyed orders, laws and deliberately rebelled would be wiped out, and none would be left.

There are many kinds of death penalty in Shang dynasty, besides, there are many others. For example, ku (crying), that is, the punishment of cutting meat and leaving bones, later developed into the punishment of late death; Tick (ti, sound kick), punishment for peeling cramps, and so on.

2. Corporal punishment

Among the five punishments of slavery, there are four kinds of corporal punishment, Jimo, Mo, Mo and Gong. The so-called corporal punishment is to chop down criminals.

Punishment for peeling and cutting limbs. Although it has preserved human life, it has caused great harm to people's body and mind. The use of corporal punishment in slave society reflects the cruelty and brutality of slavery.

(1) ink punishment. Also known as Qing (sound) punishment. That is, after engraving on the criminal's face or forehead, it is smeared with ink. Since then,

Crime will leave a permanent mark. Hanshu? The "chisel" punishment mentioned in the annals of criminal law refers to the ink punishment. Ink punishment is the lightest of the four corporal punishments.

(2) flogging. Shuo Wen explained: "Hey, pout your nose." Whipping is the punishment for cutting off the nose. In the Oracle Bone Inscriptions, there is a whipping elephant.

Form and character. The punishment of flogging is heavier than that of ink.

(3) Fee (sound waste) penalty. Also known as torture. That is, the punishment for breaking a foot. (with pictures. After the slave's foot was smashed, it developed into a squat.

Punishment, gouging out the kneecaps. The punishment of chopping is heavier than that of beating.

(4) castration. That is, the punishment of destroying the reproductive organs of criminals and then destroying their functions. Castration was originally applied to fornication, so

Also known as lascivious punishment. "History? Note: "Palace, lascivious punishment, male castration, female claustrophobia. Death penalty. "castration is a severe punishment second only to the death penalty. Hanshu? "Zhai Jingji" notes: "Palace punishment makes corruption, so it is called corruption." Castration is also called "corruption" Later, castration was no longer limited as a punishment, but gradually became a condition for serving the monarch in the palace.

3. Imprisonment

According to historical records? According to a record in Yin Benji, we can know that there was prison punishment in Shang Dynasty. Historical records? Yin Benji ""Wuding Night Dream is a saint, named Yue. It is wrong to treat officials and officials as what they see in their dreams. Therefore, it is said that the hundred workers are fighting for the wild, and they are in danger with Fu. It is said that it is professional (phase) (binding), construction, and risk payment. In Wu Ding, Wu Ding said yes. You talk to it, you are a saint, and you regard it as a phase. "This is the record of Fu Shuo, Prime Minister of Wuding King of Shang Dynasty. Xu Mi is a title of ancient slaves. They were tied together with ropes to prevent them from running away. According to historical records, Fuxian is located at the junction of two ancient countries, and its passage is often destroyed by water, so slaves often build this road. In the Shang dynasty, criminals were demoted to slave labor, which shows that there was imprisonment in the Shang dynasty, that is, criminals were locked up and let them work.

(3) Charge

As for the crimes of Shang Dynasty, it is impossible to list them in detail for lack of materials. You can only know a thing or two through literature records.

1, give up being stingy

Shang Tang published "Tang Shi" when he marched to Xia Jie in the east, which announced an accusation against Xia Jie, that is, "I will give up without compassion for my people."

I add (se, timbre) things. "To increase things is to harvest crops. It means that Xia Jie only cared about his own enjoyment, exploited with all his might, and gave up everything about planting crops, which is an unforgivable sin. China has been a big agricultural country since ancient times, and planting crops is related to the national economy and people's livelihood. Therefore, Shang Tang accused Xia Jie of not planting crops, trying to win the support of Xia people and jointly opposing Xia Jie.

2, not from the oath

Shang Tang warned his deputy in Tang Shi, "If you don't keep your oath, you will kill your daughter." Slaughter, that is, clan punishment, kill them all.

Go home. That is to say, in the war against Xia Jie, if you don't obey my orders, I will destroy your whole family.

3. Bad luck, bad luck

When King Pan Geng of Shang Dynasty was preparing to move to Yin, he announced: "I was unlucky and disrespectful, and I was raped and killed soon."

, no education. "Good, good. Dee, that makes sense. It means that if you don't behave well and don't follow the right path I pointed out, I will punish you and destroy your family.

4, the more disrespectful

Disrespect is a crime declared by Pan Geng to his subjects. Jump, crazy. Beyond, beyond, refers to illegal behavior. The more disrespectful you are.

If the subjects are arrogant, unruly and disrespectful to the king, they will be punished.

5. Temporary rape

It is also the crime that Pan Geng announced to his subjects that he had been raped for some time. Temporary, gradual pronunciation, indicating derailment. Encounter, pronounced corner, means betrayal. Rape is illegal insurrection, insurrection outside is traitor, insurrection inside is insurrection. The second charge is divided into fraud, civil strife, rebellion and other charges in later generations, which is the most serious charge.

6. Not active among the people

Historical records? According to Yin Benji's records, after the destruction of Shang Tang, he returned to Bo, the capital city, and wrote a letter to Tang Patent saying, "Sue!

The vassal later said: nothing does not contribute to the people, and diligence is the thing. Giving is a great punishment for discipline. Don't complain. "No, it is forbidden. Work, fortifications, civil construction labor, etc. Tang learned the lesson of extinction and warned his vassal clique not to work the people for no reason, or they would be killed, so don't resent him.

Marriage and family system

I marriage and family system

Marriage and family system is one of the earliest systems in China's legal history. As early as the matriarchal clan commune period, the group marriage system appeared.

"At this time, people knew that their mother didn't know their father." (2) In patriarchal commune, the marriage form gradually changed from binary system to monogamy. Clan members established kinship by their father's blood, and patriarchal families with men as the center began to appear, and women were in a enslaved position in the family. Engels said: "overthrowing the matriarchal system is the failure of women with world historical significance."

In Xia and Shang Dynasties, monogamy was established. For the slave owners and nobles at that time, the more accurate statement should be monogamy. The status of wives and concubines is completely different, and they are in a very unequal position. You can see it from the source of concubines. Most of the concubines were forcibly married by the slave owners and nobles from the female slaves, and some of them were "married", that is, when the slave owners and nobles married their wives, they often used them as concubines with their wives' accompanying daughters. In order to satisfy their own desires, the slave owners and nobles in Shang Dynasty raised a large number of concubines in addition to their wives. King Wu Ding of Shang Dynasty had sixty-four concubines. This leads to the existence of wives, concubines, concubines and concubines.

In Shang dynasty, there was a phenomenon of "inheritance after death", that is, the original wife died and she married a second wife, or she paid attention to her wife again after abolition. Wu Ding of Shang Dynasty had three matches, one of which died young and married a second wife, which was later abolished and set up another one.

Monogamy and polygamy are not binding on men. Men can have multiple concubines, but women are strictly controlled. A woman can only have one husband. If a woman has sex with a man outside, it is absolutely not allowed, and the child born is illegal. "Is it easy? Gradually? " "93" has: "The husband is unfinished, and the female infertility is fierce. "At that time, if the husband was not at home, the wife committed adultery with another man, and the woman was pregnant and aborted, which was regarded as an ominous sign.

The concept of private ownership in Shang Dynasty was stronger than that in Xia Dynasty, and private ownership gradually developed. Monogamy and concubinage in Shang Dynasty were decided by the private ownership in slave society at that time. In the case of polygamy, there will be chaos and even war because of the struggle for property and king. Therefore, if you have a wife, you have a son, so that you can avoid disputes over inheritance rights and then affect the ruling order of the slave owner dictatorship.

Second, the inheritance system.

Inheritance system is the product of the development of private ownership. Due to the lack of historical data about property inheritance, this paper mainly discusses the system of succession to the throne.

In the primitive society before the establishment of Xia Dynasty in Xia Qi, the inheritance of clan leaders was accomplished by "abdicating". Xia Qi seized the throne through war, abandoned the abdication system and started the hereditary system of the throne. King 16 of Xia Dynasty, in which 14 is the heir to the kingship. The establishment of the hereditary system of the throne is also an important symbol of China's entry into class society. Shang dynasty inherited the hereditary system of the throne of Xia dynasty, and had great development and improvement.

Shortly after the establishment of the Shang Dynasty, it was "abandoning the post (dragon) and setting up more disciples", and (1) implementing brotherhood, with the father's death as the supplement. Brothers and sisters mean that after a brother dies, his throne is inherited by his younger brother, and his son is supplemented by him. If he has no younger brother, he will pass it on to his son. However, "disciples or fighting for subrogation is more chaotic than IX, so the princes are not in the dynasty." (2) From Wang Yangjia, a Taoist priest in Zhong Ding, nine kings of * * *, during which there were nine civil strife because of the contention between princes for the throne. The result of brotherhood is that the sons of brothers compete for the throne with each other, and the chaos has reached the point where the princes do not go to court. This is the result of the development of private ownership and the further strengthening of private concept. In the case that the elder brother can finally reach the younger brother, there will be no dispute, but who should pass the throne to when the last brother dies? For my brother's son or for my brother's son? There will be contradictions at this time. Therefore, after Wuyi (the penultimate king of Shang Dynasty), it was stipulated that the father died and the son succeeded.

In Shang Dynasty, after the father died and the son succeeded, the first-class inheritance system was gradually implemented. The Shang dynasty practiced monogamy and concubinage, and the king of the Shang dynasty naturally had many children. For example, Wu Ding had sixty-four concubines and gave birth to fifty-two sons. Only one son can inherit the throne. Who among so many sons should inherit the throne? Although the father died and the son succeeded to the throne, the scope of succession to the throne was narrowed and the privatization of kingship was further strengthened, but the competition among many princes could not be avoided. Therefore, at the end of Shang dynasty, the direct inheritance system appeared. The so-called direct inheritance means that "as long as the direct leadership is not virtuous, it is more expensive than long." It means that the heir to the throne must be the eldest son of his wife, regardless of whether he is virtuous or not. A wife does not have children, but she has sons of concubines, but there are also high and low concubines. The son of the princess can inherit the throne, which is the most expensive one in his mother. The so-called "son is more expensive than mother" no longer considers whether he is the eldest son. Shang Zhouwang succeeded to the throne because he strictly followed the system of direct succession. "Lu Chunqiu?" "History of the Party" has such a description: "The eldest son of three brothers, Wei, followed by Zhong You, followed by Germany, is also a virtue, and it is rare. My mother gave birth to Wei and Zhong You, who are also concubines. Married and have children. The father of Zhou, the mother of Zhou, wanted to make Wei a prince. According to the law, the Grand Master (the official in charge of sacrifice at that time) said,' You have a wife's son but no concubine's son.' Better forget the past. "Historical records? Yin Benji described this history like this: "Di Yi's eldest son is Wei, and his mother is humble and can't inherit (meaning inheritance); The youngest son Xin is the queen, so Xin is the heir. "

The first-class inheritance system strengthens the patriarchal clan system of succession to the throne and closely links the patriarchal clan system with the political power; The system of succession of ancestors also consolidated the rule of slave owners and nobles in Shang Dynasty and stabilized the continuation of the Shang Dynasty's throne. The inheritance of the throne and property by later generations basically followed the direct inheritance system established at the end of Shang Dynasty.

Justice and prisons

I. Judiciary

Although the Shang Dynasty established the second slave country in China, it was still developed from primitive clans and tribes, and the national judicial organs were not perfect. According to historical research, Shang King has the highest judicial power. Pan Geng, king of Shang Dynasty, once said, "Listen to the merits of one person (your voice is still there)." You, plan. This means that all important affairs of the country must be decided by the Shang king. Orders, orders, oaths and letters issued by the Shang king are all laws, and people should abide by them and carry them out, or they will be punished.

According to historical records, the chief justice of the Shang Dynasty was "Si Kou", and there were judges such as Zheng and Shi.

The legislative guiding ideology of Shang dynasty is theocracy, and the rulers of Shang dynasty rule the people with the help of gods or ancestors. The king used divination to cover up God's will. Therefore, to a certain extent, diviners also have certain judicial power.

Second, prisons.

According to historical records and Oracle Bone Inscriptions's records, the prison where prisoners were held in Shang Dynasty followed the name of Xia Dynasty-Huantu. Mozi? Shang Xian

The second part records the residence of Fu Shuo in Shang Dynasty, saying: "The former Fu Shuo, which lives in the country of Beihai, is on the top of the land, with brown clothes and cables, and was built in Fuxian City." According to legend, Shang Wu Ding searched for Fu Shuo, and Fu Shuo wore special clothes and chains. He was a prisoner, punished by hard labor and imprisoned in Wa State.

According to historical records, some prisons are caves dug underground, covered with sheds and with a skylight. This skylight is called Xuan, so "Li Xuan" has become synonymous with Shang prison.

Historical records? Yin Benji said: "I was imprisoned in Xibo (that is, Zhou Wenwang)." "Justice" said, "You. One is a' beep. Youli is a place name in tangyin county, Henan Province today. Therefore, Youli is also synonymous with Shang prison.

Prison is also the name of Shang Dynasty prison. Oracle Bone Inscriptions has the word "Yu (sound and)", and its original text is like a prisoner with instruments of torture being imprisoned in a square prison. "Shuo Wen Jie Zi": "The prisoner, so he catches the sinner."

[case]

After 1 .09

This happened at the end of Shang Dynasty. Jiuhou has a beautiful daughter who is "in love", but Jiuhou's daughter doesn't like prostitution. Zhou Wang was very angry and killed Jiuhou's daughter. Nine Hou was implicated and executed by Zhou Wang. After the execution, he was chopped to pieces.

2. Fue Hou

This happened at the end of Shang Dynasty. E Gong had a dispute with Zhou Wang because he was dissatisfied with the Jiuhou case, and was executed by Zhou Wang. After the execution, he dried the meat.

3. Specific dry core cutting

This happened at the end of Shang Dynasty. Zhou Wang's uncle Beagan thinks the shopkeeper is at fault. If he is afraid of death and has no right to remonstrate, then he is disloyal and brave. So he fought against death and had the right to remonstrate with Zhou Wang. Zhou Wang was angry and ashamed, so he killed Beagan and cut his heart open.

4. The case of Zhou Wenwang.

This happened at the end of Shang Dynasty. (Xi Bochang) was dissatisfied with the handling results of the Jiuhou case and the Baladin Hou case. When Chonghou Tiger knew about it, he slandered Zhou Wang, saying that Zhou Wenwang's virtue was good, and the governors joined forces with him, which was not conducive to the rule of the king. So King Wen was imprisoned in Youli (now tangyin county, Henan). Later, some ministers and others found beautiful women, strange things and BMW cars to offer, pardoned King Wen and set him free.