Differences between the Legal System in Xia and Shang Dynasties and the Western Zhou Dynasty

Teaching purpose: To understand the establishment process of the Western Zhou Dynasty, master the general situation of legislation, legal formation, ownership relationship and contract system, master the guiding ideology of criminal legislation, some principles of conviction and sentencing, the content of criminal legislation and the judicial system of marriage system in the Western Zhou Dynasty.

Teaching content: the legal guiding ideology of the Western Zhou Dynasty; Legal form; Criminal legal system; Civil legal system; Judges

Focus: the guiding ideology of criminal legislation; Principles of conviction and sentencing; Charge; Sales contracts and debt contracts; Marriage and family system and inheritance system; The name of the judicial organ; Litigation and trial system.

Dilemma: the patriarchal clan system in the Western Zhou Dynasty

Main Bibliography: Zhu Yong: The Difficult Course of China Law, Heilongjiang People's Publishing House, 2002.

He: History of Chinese Legal System (Volume I and Volume II), Law Press, 2000.

The Western Zhou Dynasty, an ancient minority, lived in the northwest of China. When Xibo (King Wen) ascended the throne, he was ready to destroy the business. 1 1 century BC, in Mu Ye, the Shang army "defected" and led Zhou Dajun to kill him. The Shang Dynasty perished, and the Zhou Dynasty built its capital, Haojing. The history is called the Western Zhou Dynasty, and later he became the king, and the Duke of Zhou was regent, which put down the civil strife and consolidated the rule.

First, the legislative thought of the Western Zhou Dynasty

On the one hand, the Western Zhou Dynasty inherited the theocratic thought since Xia and Shang Dynasties, and still proved the legitimacy of overthrowing the tyranny of Shang Dynasty and ruling the world with theocratic political views such as "retribution from heaven" and "punishment from heaven", but on the other hand, it had to think and answer such a question: Since the kingship was given by God, the rulers of Xia and Shang Dynasties all had "destiny", why did they perish? After the ruler has the "destiny", how to achieve long-term stability? Based on the above-mentioned practical political needs, the rulers of the Western Zhou Dynasty revised the traditional theocracy theory, determined the new ruling strategy of the Zhou Dynasty, and put forward a series of new legal guiding ideology, such as "matching heaven with morality", "cautious punishment with morality" and "light punishment against the world".

(A) "Match Heaven with Virtue"

The rulers in the early Zhou Dynasty believed that "Heaven" only handed over the "destiny" of ruling the world to people with "virtue". When the rulers lost virtue, they lost the protection of heaven, and new people with virtue would appear and take their place.

The so-called "heaven with morality" requires three basic aspects: respecting heaven, respecting education and protecting the people. The Western Zhou Dynasty attached great importance to the importance of "man", that is, the so-called "view of heaven and self-people"; Heaven listens, people listen to themselves. " Heaven must obey the wishes of the people. "It is believed that the opposition of the people determines the rise and fall of the dynasty, and whether the ruler can' rule the country by virtue' is related to the opposition of the people.

"Seriously punish"

The idea of "matching heaven with morality" is embodied in the legal field, that is, "taking morality as wisdom and punishment as caution" "Cautious punishment" requires the rulers to govern the country in the way of "moral education", that is, to make the people of the world submit to it in the way of moral education, and to be lenient and cautious in formulating laws and implementing penalties, rather than forcing their subjects to obey by harsh laws. The rulers combined moral education with punishment suppression, forming the legal characteristics of the Western Zhou Dynasty, which combined "ceremony" with "punishment".

The specific requirements of "cautious punishment and prudent wisdom" can be summarized as "lenient punishment by moral education", in which "moral education" is the premise and the first. As for "lenient punishment", it is embodied in the application principles of various punishments in the Western Zhou Dynasty.

(3) "Punishment is lighter than the world"

In the early years of the Western Zhou Dynasty, the rulers became more mature politically and legally. On the basis of summing up the experience of the previous generation of legislation in using punishment, they put forward the famous theory of "punishment is lighter than the world, and punishment is more important than the world" to guide the legal practice of the Zhou Dynasty.

"The punishment in the world is lighter than the punishment in the world" means that the severity of punishment depends on the changes of the times, that is, the punishment of crime is weighed according to the subjective circumstances of the offender and the objective situation at that time, and the flexibility in the specific application of the law is emphasized. It shows that the ancients paid attention to practical results and grasped flexibly in the application of punishment, and also shows that there was no principle of legally prescribed punishment for a specified crime at that time. The specific content is "the new country takes the light code, the country takes the middle code, and the country takes the heavy code".

In the Western Zhou Dynasty, the legal guiding ideology of "Matching Heaven with Virtue" and "Cautious Punishment with Virtue" had far-reaching historical influence. It not only played a decisive role in the formation and development of various specific legal systems and their macro-legal characteristics in the Western Zhou Dynasty, but also was deeply rooted in China's traditional political and legal theory and was regarded as the principle and specimen of political and legal system thought by later generations. After the mid-Western Han Dynasty, the ideas of "matching heaven with morality" and "cautious punishment with morality" were developed by Confucianism into the basic strategy of "combining morality with punishment and combining etiquette with law", thus laying a theoretical foundation for China's feudal legal system characterized by "combining etiquette with law".

Second, an overview of legislation in the Western Zhou Dynasty

The manifestations of legal norms in the Western Zhou Dynasty are diversified. In addition to traditional royal orders such as "oath", "patent" and "destiny", unpublished criminal books and clan customary law with "ceremony" as the specific form also occupy a considerable proportion.

(a) Zhou Gong ceremony

Duke Zhou was an important politician, thinker and famous Ji Dan in the early Western Zhou Dynasty. He is the son of King Wen and the younger brother of King Wu. After the death of King Wu, Duke Zhou assisted the court. According to legend, during the period of Duke Zhou's regency, he compromised the etiquette system of Xia and Shang Dynasties, and combined with Zhou's own etiquette system, he formulated a relatively perfect etiquette system, which prevailed in the whole country. As a positive norm, The Rites of Zhou actually adjusted all aspects of social life in the Western Zhou Dynasty. Therefore, Zhou Li is also one of the important forms of legal norms in the Western Zhou Dynasty.

(B) the Western Zhou Dynasty's "ceremony"

The relationship between "ceremony" and "law" is one of the most important topics in the legal history of China.

1. The concept of ceremony.

The so-called "ceremony" is the general name of a series of spiritual principles and norms of words and deeds that existed for a long time in ancient China society and maintained the blood clan system and patriarchal hierarchy.

2. The origin and development of the ceremony.

Ritual is the earliest ritual of people offering sacrifices to ghosts and gods in clan society. In this ceremony of serving ghosts and gods, people's views on God, nature and their own kind at that time were included, and whether they could participate in the sacrifice and who would preside over it was one of the important contents. After the nobles who hold the ruling power enter the class society, they have fixed etiquette forms in election, enfeoffment, oath and so on. These etiquette forms include different social members and different social places. In the Western Zhou Dynasty, the content and scale of the ritual system in the Zhou Dynasty had an unprecedented development after the ritual system in the Zhou Dynasty, which played an important role in adjusting all aspects of social life at that time. Many contents were inherited and carried forward by later Confucianists, which became the core content of China's traditional culture and profoundly influenced the whole eastern world.

3. The content of the ceremony.

The ceremony in ancient China has two meanings, one is the abstract spiritual principle, and the other is the concrete etiquette form. In the ritual system of the Western Zhou Dynasty, the abstract spiritual principles can be summarized as "pro" and "respect". The so-called "kiss" means that within the family, everyone should kiss others, grow strong, be good to their fathers, be filial to their sons, be brothers and friends, respect their brothers, be righteous to their husbands and be obedient to their wives. Everyone should act according to his own identity and not be inferior to others. And "pro" dad is the head, and all relatives should take dad and parents as the center; The so-called "respect" means that all people who should be respected should be respected within the scope of society, and monarchs, ministers and superiors and subordinates should abide by their inherent rights. All subjects should take the monarch as the center, which is the so-called "respecting the monarch as the head". The principle of "kissing" is the basis of the principle of "respect", and adhering to the former is to better realize the latter. Under the two principles of "pro" and "respect", specific spiritual norms such as loyalty, filial piety, chastity and righteousness have been formed. But in comparison, loyalty is higher than filial piety, and the country is more important than home.

There are five main aspects of etiquette in the Western Zhou Dynasty, which are generally called "five rites", namely, auspicious ceremony, fierce ceremony, military ceremony, guest ceremony and Jia ceremony. Ji Li is a sacrificial ceremony, while fierce ceremony is a funeral ceremony; Military salute is a ceremony of marching and fighting; Li Bin is the welcoming ceremony; The gift is a wedding ceremony. In ancient records, there are also six rites and nine rites of the Zhou Dynasty. Although the content of rites in Zhou is very complicated and diverse, there are only two basic principles: "pro" and "respect".

4. The nature and function of the ceremony. In the Western Zhou Dynasty, etiquette, as a positive norm, had the nature and function of law. It has three basic characteristics of law, namely, standardization, national will and compulsion. At that time, it played a practical regulatory role in all aspects of social life. Rites are regarded as the top priority of "connecting the country, setting the country, making the people and benefiting future generations" and permeate all fields of society.

(3) Lu punishment

After the Western Zhou Dynasty was ruled, he went to King Mu. In order to innovate politics, King Mu ordered Duke Lu and Duke Zhou to formulate "Lu punishment", sometimes called "righteous punishment". Judging from the content of the Book of Laws, the basic spirit of this legal reform is to implement the guiding ideology of "cautious punishment with morality" at the beginning of the Zhou Dynasty, emphasizing that all aspects of national justice, from the selection of judicial personnel to specific law enforcement, must be cautious and respect morality.

(4) Nine punishments

"Nine punishments" has two meanings, one is the punishment book of the Zhou Dynasty. Another meaning is that the five punishments of Jimo, Cuo, Cuo, Guan and so on in the Western Zhou Dynasty, together with redemption, flogging, beating and drifting, are called "nine punishments".

(5) Yi Yin's teachings.

According to historical records, in the Western Zhou Dynasty, "if you give something for execution, you must ask for it". Legacy refers to the legacy left by the late king. In the Western Zhou Dynasty, conviction and sentencing should first follow these heritages.

The so-called "Yi Yin" refers to some laws of Shang Dynasty. In the early years of the Western Zhou Dynasty, in order to better rule the conquered merchants, some pre-Shang customary laws that did not conflict with the laws of the Zhou Dynasty were allowed to be applied in places where merchants concentrated, which was called "Yi Yin".

Third, the relationship between ceremony and punishment.

During the Western Zhou Dynasty, the relationship between "ceremony" and "punishment" was closer. They are both external and internal, and they complement each other. * * * isomorphism has become a complete system of the legal system of slavery in the Western Zhou Dynasty.

In the Western Zhou Dynasty, "punishment" was a category corresponding to "ceremony", which mostly referred to criminal law and punishment. "Rite" and "punishment" were two inseparable parts of the legal system of the Western Zhou Dynasty, and they were isomorphic with * * * to form a complete legal system at that time.

It is generally believed that many norms of etiquette are essentially the nature of law, even the fundamental law of the country. Penalty is the basic form of law in the Western Zhou Dynasty, which is used to punish and prevent crimes. The purpose of both is the same, which is to adjust social relations and regulate people's behavior. Forbidden by ceremony, forbidden by punishment; The two complement each other, and what is forbidden by the ceremony is not allowed by the punishment, that is, the so-called "where the ceremony goes, what the punishment takes, rudeness into the punishment, and appearance."

There are both connections and differences between them. Specifically, this relationship is manifested in the following two aspects:

(A) there are similarities between ceremony and punishment. They are closely related.

This is mainly manifested in two aspects:

1. Rites are the basis and origin of punishment. In the process of the origin of ancient Chinese legal civilization, penalty is the main content of law, and penalty and law are interlinked. A large part of the laws in Xia, Shang and Zhou Dynasties came from customary law. Customary law comes from some rituals represented by sacrificial customs and etiquette norms. This part of the ceremony was transformed and gradually rose to law. This is what the ancients called "law comes from ceremony".

2. In the Western Zhou Dynasty, ceremony was the social rule and code of conduct, and it also played the role of law. The formulation and implementation of rites, especially Zhou rites, is to meet the needs of the ruling class and maintain the patriarchal hierarchy. Ceremony not only has the purpose and nature of law, but also has the mandatory nature of law because it is formulated or recognized by the state and backed by the coercive force of the state machine. Violation of the rules and requirements of the ceremony is a violation of the national legal system and will also be severely punished. As one of the important contents of law, ceremony not only guarantees the implementation with the coercive force of penalty, but also contains the normative requirements of penalty itself. This is what the ancients called "the punishment in the ceremony".

(2) Rites and punishments are not exactly the same, but there are differences.

This difference is mainly manifested in two aspects:

1. Rites and punishments have different functions. Etiquette is a norm that people need to consciously abide by, focusing on active prevention; Penalty is a sanction for criminal acts, focusing on punishment afterwards. The function of ceremony is to emphasize moral education, and the function of punishment is to emphasize punishment and repression. Only when moral education fails can punishment be suppressed. "Rite" is a positive norm, that is, actively regulate people and ask people what they can do, what they can't do, what they should do and what they shouldn't do. "Punishment" is in a passive state, punishing all acts that violate etiquette.

2. The application principles of etiquette and punishment are different. The patriarchal hierarchy in the Western Zhou Dynasty takes safeguarding the rights of the ruling class as the core, and pursues the basic principle of "no courtesy to Shu Ren, no punishment to doctors". "Courtesy is not enough for Shu Ren" has two meanings:

(1) The main purpose of the ceremony is to adjust the patriarchal hierarchy of Du Hui. Different social relations are adjusted by different rituals, and people of different social classes apply different rituals. Nobles at all levels enjoy privileged ceremonies, and ordinary people below Shu Ren are not allowed to enjoy them illegally.

(2) The activities of nobles at all levels are mainly regulated by courtesy, while ordinary people like Shu Ren mainly use punishment as a deterrent. Since the ceremony itself is also a mandatory code of conduct, "the ceremony cannot be lower than that in Shu Ren" does not mean that the standard requirements of the ceremony are not binding on Shu Ren. Ordinary people below Shu Ren should not only abide by the etiquette of mandatory social norms, but also enjoy the privileged etiquette applicable to nobles. Once they violate the standard requirements of etiquette, they will also be severely punished by law.

"Punishment is not a doctor" has two meanings:

(1) The penalty is not formulated for nobles at all levels above doctors, but to prevent ordinary people below Shu Ren.

(2) People of different social classes implement the principle of different punishments for the same crime, and the punishments used by ordinary people generally do not apply to nobles at all levels above doctors who commit crimes.

Fourth, the patriarchal clan system

The so-called "patriarchal clan system" is a code of conduct that takes blood as a link, adjusts the internal relations of the family, and maintains the dominant position and hereditary privileges of parents and heads of households. It originated from the traditional habit of paternalism at the end of clan society.

The so-called patriarchal clan system is a political form that combines family organization with state system with blood relationship as a link to ensure the hereditary rule of blood aristocrats. The patriarchal clan system developed from the patriarchal clan system and reached a complete level from Xia Shang Dynasty to Western Zhou Dynasty.

In the early years of the Western Zhou Dynasty, after the establishment of People's Republic of China (PRC), in order to ensure the stability of the Zhou family, the land and people in the world were enfeoffed to his brothers, relatives and heroes. At that time, it was called "sealing the country", which is what we often call "cracking the soil to seal the king", and gradually formed a patriarchal clan system centered on the Zhou Emperor. Zhou Tianzi divided the land and people into princes at all levels, which was called "sealing the country"; The governors at all levels also gave their "sealing the country" to their brothers, relatives and heroes, that is, "Qing Dafu"; Dr. Qing then enfeoffed his territory to his brothers and relatives, that is, "scholars", and the territory of scholars was called "Lutian". In this way, the hierarchical structure of Zhou, vassal, great doctor and scholar was formed.

The patriarchal clan system of the Western Zhou Dynasty has three basic principles:

First, the eldest son inheritance system was implemented from Zhou Tianzi to Qing Dafu and scholars;

Second, the younger clan obeys the older clan, and the younger one obeys the older one. Compared with other vassal States, Zhou Tianzi was a great monarch, while other vassal States were relatively small. Similarly, in vassal States, the governors are big and other big officials are small. In all kinship relationships, small clans should obey the big ones and have the obligation to pay tribute and help send troops to conquer; Most of them have the obligation to protect small tribes and mediate disputes between small tribes;

Third, governors, ministers and scholars at all levels are a family organization, each of which constitutes the first-level state power, and * * * is responsible for the highest son, Zhou Wang. This patriarchal clan system is characterized by family rule. Zhou Wang is Zhou Wang, and Zhou Wang is both the king and the head of the family. Under this dual rule, the choice of officials and administrative agencies at all levels adopts the principle of "cronyism", which depends entirely on the distance of blood relationship. Therefore, the essence of the patriarchal clan system is to ensure that the family that seized the political power implements patriarchal autocratic rule over the whole society.

Patriarchal clan system constituted the basic political structure of the Western Zhou Dynasty. Under the patriarchal clan system, the family organization and the state system are integrated, and the family concept and family morality are cultivated both inside and outside, forming some basic characteristics of the legal system of the Western Zhou Dynasty.

The patriarchal clan system is characterized by strictly distinguishing officials from ordinary people and establishing the priority of the eldest son's inheritance. From emperors, princes, Qing doctors to scholars, the territories and identities of lords at all levels can only be inherited by the sons of wives (or ex-wives). The eldest son is big, and the other brothers are small relative to the eldest son. In terms of property, the rest of the illegitimate children can only be distributed by the eldest son, and there is no "right". As for women, it is not natural to inherit "rights", but most women are given considerable dowry for the dignity and contact feelings of the nobility, but this is only due to the gift of their fathers and brothers, not the legal rights of women.

The patriarchal clan system in the Western Zhou Dynasty was closely combined with the enfeoffment system. According to the patriarchal clan system of the Western Zhou Dynasty, the son of heaven was handed down from generation to generation according to the system of direct inheritance. Other illegitimate children and second sons who can't inherit the throne are also royalty, but they can only be named princes (or great doctors) and are subordinate to "big" and "small". This is the principle that princes are also handed down from generation to generation according to the principle of princess inheritance, and non-princesses are separately enfeoffed as QingDafu by princes. The governor is "big" for these big doctor, and so on. Below the doctor, the patriarchal clan system like a tree has been formed nationwide. Its purpose is to ensure that the political privileges, titles and property of slave owners and nobles will not be dispersed and weakened, and it is also conducive to maintaining the order within the ruling class in order to strengthen the rule over slaves and civilians.

Under the patriarchal clan system, slave owners and nobles are always hereditary. Later, not only the governor and the doctor were hereditary, but even the important minister Qing under his command was hereditary, forming a system of "valuing the most".

The enfeoffment system consolidated the rule of the Western Zhou Dynasty and expanded its territory. During the Spring and Autumn Period and the Warring States Period, it gradually disintegrated and was replaced by the county system, which still existed in some subsequent dynasties.

The patriarchal clan system and privilege system formed by patriarchal clan system have great influence on later generations.

Verb (abbreviation of verb) western Zhou administrative law

During the Western Zhou Dynasty, the hereditary system of kingship was further improved. According to the patriarchal clan system, the status and power of the king of Zhou were passed down from generation to generation by the eldest son. When the eldest son is too young to ascend to the throne or cannot be in charge of it personally, the royal elders or officials temporarily act as the king. Once the eldest son comes of age, he will return to the king.

During the Western Zhou Dynasty, the King of Zhou was a combination of political power, divine power and clan power. In political power, Zhou Wang is the "* * *" master of the country and the highest owner of land and subjects; In terms of theocracy, the king of Zhou was called the "son of heaven"; As far as clan rights are concerned, King Zhou is the leader of the dominant family with Ji surname, and also the "big head" in the world.

Criminal law system of intransitive verbs

1. Principles of criminal law

A. distinguish between intention and negligence. "Neglect" means "failure", including intentional failure, accidental failure and continuous failure. When applying punishment, if it is a negligent crime or an occasional crime, even if the crime is serious, the punishment can be mitigated. Considering the subjective factors of criminals, it reflects that the criminal law of the Western Zhou Dynasty has reached a fairly high level.

B. The principle of responsibility for one's own guilt Zhou Wenwang put forward the idea that "sinners should be punished by the family" in Xia and Shang Dynasties. Duke Zhou inherited this idea, opposed clan rule and advocated putting an end to all crimes. It is stipulated that "father and son are brothers, and sin is irrelevant." That is, one person commits a crime and shall not implicate his family members. This principle is of great significance in the history of criminal law development in China. Unfortunately, later dynasties failed to adhere to this principle.

C. the suspect is light. The treatment of suspected crimes is not as innocence, but as appropriate punishment. Such as "suspected forgiveness of ink crimes, a fine of 100 gold, double punishment for crimes, and so on."

D. There are records of "integrity" and "adherence to the doctrine of the mean" in historical materials. These records are the concrete embodiment of the principle of combining leniency with severity. Don't kill innocent people, including don't kill innocent people and the corresponding crimes.

E. self-defense. People who "kill only" are not criminally responsible. No thief who enters a city or a rural family is guilty of killing him. Contemporary legal historians believe that these contents show that the principle of self-defense existed in the Western Zhou Dynasty, and the law after Qin and Han Dynasties inherited and developed this principle.

F. respect the elderly and care for the young. Considering the age of criminal responsibility of the parties. Anyone under the age of 7 and over the age of 80 will not be punished even if he commits a criminal act.

The above principles are all manifestations of moral prudence and punishment.

Step 2 punish

(1) penalty system

The penalty system of the Western Zhou Dynasty basically includes death penalty, corporal punishment, redemption punishment, labor punishment and criminal detention punishment. Among them, the death penalty and corporal punishment are still the main punishment names, so the punishment means are extremely brutal and cruel.

A. The death penalty and corporal punishment

The death penalty and corporal punishment in the Western Zhou Dynasty were developed on the basis of inheriting the Xia and Shang systems. According to the Zhou Li Qiu Guan Sacrifice Punishment, there were 2,500 kinds of punishments in the early Zhou Dynasty, namely, "500 crimes of ink, 500 crimes of lewdness, 500 crimes of palace, 500 crimes of lewdness and 500 murders". By the middle of the Western Zhou Dynasty, King Mu had ordered Si Kou to formulate Lu punishment, which was changed to "ink punishment belongs to thousands, fine punishment belongs to thousands, fine punishment belongs to 500, castration belongs to 300, monarch punishment belongs to 200, and five punishment belongs to 3,000". Accordingly, Lv Punishment added 500 items in addition to the five punishments, doubled the relatively light punishments such as ink punishment and flogging, and reduced the most serious punishments such as capital punishment and palace punishment by half. However, these records still contain elements speculated by later generations, and the five punishments system in the Western Zhou Dynasty remains to be verified.

It is worth noting that the corporal punishment in the Western Zhou Dynasty has been confirmed by archaeological materials. 1975, the bronze inscriptions of the Western Zhou Dynasty were unearthed in dongjiacun, Qishan, Shaanxi Province, which contained the contents of ink punishment. 1963 Unearthed in Qijia Village, Fufeng, Shaanxi Province, four naked men with their left feet cut off were cast under the circle. 1976, a bronze square unearthed in Baicun Village, Fufeng Village, in which a naked doorman with his left foot cut off was cast on the side of the lower furnace door; These two bronzes are physical proof of the slaughter in the Western Zhou Dynasty.

The execution mode of the death penalty in the Western Zhou Dynasty is still very chaotic, and the execution means are also cruel. Only literature records chin, chin, shoulder, beard, burning, squatting and beheading. The death penalty is usually executed in the city center or public places. The so-called "whoever kills people will be in each city for three days; Criminal theft in the city. " In the Western Zhou Dynasty, there was the post of executioner in charge of the death penalty, "fighting for thieves and spies". However, for aristocratic privileged figures at all levels, self-punishment is generally adopted; Even if it is necessary to forcibly deprive him of his life, it will be carried out in secret by the family of Dianshi. As the saying goes, "whoever has a knight, who is in the same clan as Wang, will be punished by the Dian family."

B. Salvation

Salvation. Redemption penalty is a system that the law stipulates that criminals can use property to offset the penalty, and it is an alternative method of penalty execution, that is, allowing criminals to take out some money or goods to offset the penalty. In the mid-Western Zhou Dynasty, King Mu ordered Si Kou Lu Hou to formulate "Lu Punishment", which systematically stipulated the redemption system. According to different charges, the amount of ransom is stipulated. Anyone sentenced to ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink, ink. Redemption is a substitute punishment, and prisoners and their families have the right to choose whether to seek redemption. There is no penalty option.

C. detention with hard labour

The punishment of hard labor is to imprison criminals who have not reached the five punishments in loam, restrict their personal freedom and force them to engage in hard labor. There was a minister in charge of penal servitude. "Dasikou, Qiu Guan, Zhou Li" states: "Gather the people with clods to control the people. Anyone who harms others is ashamed to put them in the soil and perform their duties. " The same book "Aisi" also said: "Aisi is in charge of education and stops people. Anyone who harms others will be crowned, punished and taught this lesson. If you can change, give up for three years, give up for two years, and give up for one year. " From this point of view, the penal servitude in the Western Zhou Dynasty had a fixed term, generally one to three years' imprisonment, and the reformed person was released at the expiration of the term.

D. Criminal detention

Criminal detention is a punishment that restricts the personal freedom of criminals who have not reached the penalty of hard labor and forces them to engage in short-term hard labor.

It is said that the criminal detention punishment in the Western Zhou Dynasty should be combined with the military system.

Jiashi system. Jiashi is a big stone with great texture, standing on the left side of Chaotianmen Gate outside Beijing. Offenders are punished to sit on the military to reflect and think, and then work under the supervision of Sikong. In the Western Zhou Dynasty, those who were at fault but with minor circumstances were placed on the big stones to the left of the chaomen to arouse their thinking. Then they were sent to Sikong for short-term hard labor, and the duration was different according to the seriousness of the plot. This kind of punishment is similar to the criminal detention in later generations, and it is called the "military system". According to the seriousness of the crime, the punishment for sitting in a military position is divided into three, five, seven, nine and thirteen days, and the corresponding detention time is three, five, seven, nine months to one year.

3. expenses

(1) Crime of disobeying Zhou Wang's orders: disobeying Zhou Wang's orders, hell to pay. This is a serious crime.

(2) The crime of being unfilial and unfriendly: that is, failing to honor parents and brothers. The Western Zhou Dynasty considered this a heinous crime.

(3) The crime of goods killing Vietnamese: that is, the robbery of later generations directly threatens the life and property safety of slave owners.

(4) Crime of gathering people to drink: The rulers of the Western Zhou Dynasty accepted the lesson of the demise of the Shang Dynasty and stipulated that people were not allowed to gather people to drink.