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The legislative guiding ideology of Shang Dynasty is
Under the influence of this concept of destiny, businessmen are very superstitious about ghosts and gods. The king claimed to be the son of God, that is, "Xia Di" was also called the son of heaven.
Therefore, wizards, historians and other divination clergy played an important role in the social life of Shang Dynasty.
From the divine view of kingship, the laws of Shang Dynasty were also formulated in the name of "Heaven" and "God", such as "Many crimes were committed in Xia, and the destiny died." "I'm still assisting a person, causing the scourge. Here you are! I don't believe in anything. I don't eat. If you don't keep your vows, there will be retribution and unforgivable. " Smash summer in the name of heaven.
Extended data:
Judiciary:
Shang Wang has the highest legislative power and judicial power.
In Shang Dynasty, the chief judicial officer was Scott, and there were judges such as Zheng and Shi under Scott.
The judicial trial in Shang Dynasty has distinct characteristics of divine punishment, and judicial judgment, conviction and sentencing are often decided by divination and "divine judgment". Divination officials also have certain judicial power, "Zhen, just a monarch." "Zhen is not just a monarch."
Criminal legislation thought
1, theocracy
This theocratic thought stems from primitive religious superstition, that is, all the lawful activities of rulers are described as the power of gods and ghosts, and rulers are subject to "destiny" and "punishment on behalf of heaven" In this way, their rule is covered with a protective color of religious superstition, which is more confusing and deterrent.
Step 2 forecast
"The destiny is mysterious and business."
law
"The criminal name is from business" means that the criminal legislation of Shang Dynasty is quite complete.
Continue to use some habits of the original Shang tribe and the laws effective for business promulgated by Xia Dynasty; At the same time, according to the new situation, some life, letters and vows were released. There were many names of punishment in Shang dynasty, which were mostly adopted by later laws.
1, death penalty
(1) Slaughter: It means to humiliate people alive and then behead them.
(2) Branding: that is, oil is applied to the copper column, and charcoal is added to heat it, so that the guilty person walks on it and will soon be burned in charcoal.
(3) Chop criminals into paste.
[Ling Jiuhou] This case happened at the end of Shang Dynasty. Jiuhou has a beautiful daughter "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.
(4) Pickling: drying the criminals into dried meat.
[Fu Ehou] This case happened in the last years 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.
(5) rudder: rudder. That is, punishment, killing the offender himself and his descendants, is equivalent to the clan punishment of later generations.
(6) Core cutting
2. Corporal punishment
(1) Ink punishment, in which characters are engraved on the offender's face or forehead and smeared with ink.
(2) The punishment of flogging and nose cutting.
(3) the measure is the punishment of breaking the foot. Others say it's flogging and patella resection.
(4) Castration, that is, the penalty of destroying the criminal's reproductive organs, thus damaging its function. Castration was originally applied to fornication, so it is also called fornication. Castration is a severe punishment next to the death penalty.
Five punishments for slaves: Mo, Mo, Mo, Gong and Da Bi.
References:
Baidu Encyclopedia-Legal System of Shang Dynasty
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