Great Qin's son-in-law

Chapter 121 The law is not sympathetic, but the law is also sympathetic! (seeking subscription)

When Chen Shengwu was in a daze, a young man with a sword, a hundred miles away from Yingchuan, was secretly investigating the situation of lost fields in various places in Chudi, and began to try to implement "bring the head of Guizhou from real fields".

but.

The scope of implementation is not wide, and it has not attracted the attention of others.

In the school room.

Afternoon is Ling Shichang's class.

Ever since Qin Luoheng and the others got involved in the prison office, Ling Shichang never took them to experience the 'trial as an official' again, and all the courses were taught in the classroom.

Make Shi Chang the judge.

What he talked about most was the case.

Through one case after another, let them gradually deepen their understanding of the law, and gradually master and become familiar with the writing of "Sealed Diagnosis".

Simultaneously.

It also let the historians know the importance of judges.

Ling Shichang said:
"Law is the foundation of the Great Qin State."

"Judges are the core figures in maintaining the rule of law."

"The current judge system of the imperial court is like this. There are three judges in Xianyang, located in the court, Yushi's mansion and prime minister's mansion respectively, and each county and county also has a judge and legal official."

"The main task of the judge is to keep and check the decree and provide legal advice."

"Perhaps you feel that the judge is not worthy of the name."

"No!"

"The world of great controversy has begun, and all countries are actively reforming the law. In order to gain support for the new law among the people, it is even more necessary to publish laws and let the people know the law."

"And that's what judges do!"

"Maybe some of you will become judges and judges in the future."

"But don't underestimate the custody of the decree."

"Shangjun's letter said: Sealed in confinement, unauthorized issuance of the seal of the forbidden room, and entering the forbidden room to observe the forbidden law, and the word "duo" or more, all crimes will not be pardoned."

"."

Listening to Ling Shichang's long introduction to the judge again, all the scholars in the room couldn't help drooping their heads, with a look of struggle and pain in their eyes.

Ling Shichang is too persistent.

He didn't come to the classroom as if he was here to teach, but more like he was determined to train them to become 'judges'. Before each class, he would talk about the importance of judges to the court and the people.

And it's tireless.

Qin Luoheng supported his forehead.

After listening to it so many times, he also knows what a judge is.

The judges of the Qin Dynasty played a similar role to the Judicial Bureau of later generations, and were responsible for the task of popularizing the law to the people.

but.

The dissemination of laws and regulations in this period relied entirely on manual copying.

It's not easy to learn the law.

After eloquently talking a lot, Ling Shichang began to formally attend class.

Ling Shichang said:

"The judge's daily job is to provide legal advice to the public."

"Today I will give you a case."

"The case is called the Du County Woman and Rape Case."

Subsequently.

Ling Shichang told the case.

Qin Luoheng and the others quickly came back to their senses and listened carefully.

Ling Shichang said:

"A public official in Hu (hu) in Du County died of illness on the day of Guihai in December. His coffin was still placed in the mourning hall and had not been buried yet. I took the coffin to the inner room of the official's coffin, and put on a good show in the inner room while the official's body was still cold."

"But this was discovered by the public servant's wife."

"The official's wife peeped through the door for a long time, but she didn't dare to say anything. She didn't report to the officials until the next day. Naturally, the officials arrested this woman who violated public morals, but how to convict her became a difficult problem."

"Finally, the case was reported to Tingwei Mansion."

"Now assuming you are the presiding judge, what crime will this woman convict?"

heard.

The historians pondered.

They have learned a lot of laws during this time.

Immediately, according to the case that Ling Shichang said, he checked it with the laws and regulations he had learned, and then convicted the woman according to the law.

Shen Shun got up and said coldly:

"Return to the history."

"The law stipulates that wives should treat their husbands like their parents. Therefore, the wife of a public official has committed the 'crime of filial piety'. Her husband's bones are still cold, and she has sex with others. It is really immoral and immoral. In my opinion, it should be sentenced to abandon the market.”

Said in retort:

"Abandoning the market is heavy."

"Although this woman lived a disorderly life, she was not guilty of death. In my opinion, she should be given a lighter punishment and get a tattoo."

"Furthermore."

"The official's wife is also at home. This woman's behavior constitutes the 'crime of arrogance' of disrespect to her elders. According to the law, she should be sentenced to the end of the sentence (shave her sideburns off)."

"This woman should be punished as 'completely pounding'!"

Other historians also agreed with the punishment given.

Shen Shun showed a sullen expression on his face.

As a Confucian scholar, he hated such things extremely.

In his view, men and women do not sit together, and uncles and sisters-in-law cannot ask questions, which is already an extremely low standard. Now this case is a big treason, and it must be severely punished.

but.

His objection is void.

More people in the classroom are in favor of the sentence of speaking.

Shen Shun's face was ashen, and he looked at the lecture with dark eyes for a few times, and finally turned his gaze to Qin Luoheng, cupped his hands and said, "Brother Qin, come and judge, you solved the case at the prison office, according to Brother Qin See, how should this woman be convicted?"

"Strictly? Or lightly?"

Qin Luoheng's face twitched.

He sat well in the back, Shen Shun brought the topic to himself, who did he provoke?Isn't this bringing hatred to him?

This is outrageous!

He is very clear about the attitude of Confucianism towards the principles of ethics. In ancient times, the three obediences and four virtues, the three cardinal principles and the five constant principles were all basically created by Confucianism.

But this is Qin Dynasty!
The folk customs are open.

The folks have never paid attention to the yelling of Confucianism. Confucianists are still on the line here, and they really take themselves too seriously.

Qin Luoheng has been integrated into Daqin society for some time.

Also know some common sense.

The Qin Dynasty did not talk about feudal ethics such as "one woman does not matter to two husbands" and "a husband sticks to the chastity". At this time, women who remarried or widowed would not be discriminated against and oppressed by society at all.

People in this era have a weak concept of chastity.

The Empress Dowager Xuan has been in power for decades, and she had so many affairs with King Yiqu first, and she also met her new lover Wei Choufu in her old age, and everyone knows the bad things about Zhao Ji, Yingzheng's mother, and Lu Buwei and Lai Ai.

The Qin royal family is still so corrupt.

What's more, the folks.

Because of this, after Yingzheng ascended the throne, he also greatly encouraged the "purification of social atmosphere", severely cracked down on incest (incest) and extramarital sex, and even launched a virgin Baqing, but the unmarried and widowed are still No restrictions are imposed.

But since I asked myself.

Qin Luoheng also began to think seriously.

Since Ling Shichang singled out this case, there must be a certain theory about this case, but after thinking about it, he couldn't think of anything wrong.

I can only get up and say:
"I am in favor of talking about the penalty."

"The heaviest punishment for the crime of unfilial piety is abandoning the market, but this wife is already widowed. Although her behavior is a bit indiscreet, it is obviously not enough to cause death, so she should be given a lighter punishment."

"The tattoo is Chengdan Chung!"

"In addition, this wife also committed the 'crime of Ao Han', so she should be sentenced to the end of her sentence."

"So put together the penalties."

"This wife should have her sideburns shaved off and punished as a prisoner 'chump'!"

Done.

Qin Luoheng frowned.

A flash of inspiration suddenly flashed in his mind, as if he had thought that something was wrong with the punishment, but this flash of inspiration came and went quickly, and before Qin Luoheng could react, it had already faded away.

Qin Luoheng shook his head.

But I couldn't remember what was wrong.

Hearing Qin Luoheng's words, Shen Shun's expression turned ugly.

He snorted coldly, and sat back in his seat with a flick of his sleeves. He obviously had a problem with Qin Luoheng's answer, but Qin Luoheng ignored it.

He didn't make do with these Confucian scholars.

Daqin has its own laws, and everything can be done according to the laws.

"The crime you sentenced is consistent with the original plan of Tingwei Mansion." Ling Shichang said at this time: "But is it really right?"

The people asked:

"Dare to ask Ling Shi, what's wrong?"

"The conviction is completely in accordance with the law, and it is reasonable. I don't know where is the problem?"

Ling Shichang said in a deep voice:

"It's normal for you to have doubts. If you don't investigate carefully, your punishment is consistent with that of most officials."

"Legal questions and answers talk about 'not being filial and abandoning the market'."

"If the father lives well and the son doesn't feed him for three days, how should the son be sentenced?"

Shi Zi replied:

"Naturally it is sentenced to 'abandon the market'."

Ling Shichang asked again: "Then if the father is gone and the son does not go to the grave for three days to offer sacrifices, what should be the sentence?"

The historians hesitated for a moment and said:

"Sacrifice is just a formality, not a crime."

Ling Shichang then asked:

"The husband who bullies the living and the husband who bullies the dead, which one is more serious?"

All the historians said:

"Naturally, you bully the living. Everyone is dead. Even if you want to bully, you can't bully them. How can you convict them?"

Speaking of which.

Everyone also felt that something was wrong.

Ling Shichang said: "The law of Qin stipulates that adultery should be caught on the spot, 'the one who catches the adulterer must be the school'. Suppose now that the husband lives in the government because he is an official, and the wife is cheating on her, and the husband hears the news and runs to catch the adulterer. If you didn’t catch him, how would you judge him?”

The faces of all the historians were slightly stagnant.

Surprised, he said: "According to the law, the only way to catch an adulterer is to be caught on the spot. If the husband is not caught, then there will be no conclusive evidence of adultery. Then... this wife is actually not a crime."

Ling Shichang said:

"Okay, remember what you said."

"You all think it is less of a crime to bully a dead father than a living father, and a lesser crime to bully a dead husband than a living husband."

"Looking back at this case, the officer died and his wife committed adultery. Even if this can be regarded as 'bullying' the husband, isn't bullying a dead husband a lesser crime than bullying a living husband?"

Everyone fell silent immediately.

Ling Shichang continued: "Since it is not a crime to catch an adulterer according to the law, her aunt (mother-in-law) waited until after the incident to report to the police. This is equivalent to failing to catch the current one. Is this a crime?"

Everyone was speechless.

Ling Shichang said: "Since this is the case, is it too severe to sentence her to have her temples removed and serve as a prisoner?"

Everyone looked at each other.

They didn't think there was a problem with their penalty at first, but after Ling Shichang refuted it, they also found that the penalty they gave was inappropriate.

At least it is heavy!
After listening to Ling Shichang's explanation, Qin Luoheng suddenly realized.

Ling Shichang said in a deep voice:

"You may think I'm quibbling."

"You have forgotten that the foothold of the Great Qin law is people."

"The laws and regulations are indeed dense and complicated, but the obligations and responsibilities are clearly defined."

"In this case, the fundamental conflict between me and your judgment is whether part of the obligations to be fulfilled as a family member should be eliminated after someone in the family dies."

"That's the core issue."

"You have indeed read a lot of laws and decrees in recent days, but do you know why the government specially distributed "Legal Questions and Answers"?"

"That's why!"

"Everyone in the world says 'the law does not show mercy'."

"In my opinion, the reason why 'feeling' is not tolerated by 'law' is because 'feeling' exceeds the scope allowed by 'law', but within the scope allowed by 'law', 'feeling' can also exist of."

"The law is also sentient!"

"And that's what Legal Quiz exists for!"

""Qin Law" is the foundation of Qin officials, and "Legal Questions and Answers" is the key to Qin people's orders. The two complement each other and are indispensable. You must not neglect one and lose the other."

Everyone stood up quickly, bowed and said:

"Shizi has been taught!"

(End of this chapter)