The pardon system belongs to the legal category from its origin. The original concept of forgiveness in the pre-Qin period refers to the forgiveness of sins, that is, the forgiveness and the forgiveness of punishments. This is also the most basic content of forgiveness. Therefore, forgiveness is often called forgiveness by many scholars. Later, with the gradual development of Xieyou, in the Han Dynasty, Xieyou derived another content based on the meaning of penalty reduction and exemption, namely Tweet. Tweeting mainly refers to exempting people from taxes, debts, or rewards for sergeants.
1. The origin and development of pardon during the pre-Qin period
The content of legal crime reduction and exemption is the issue that scholars have paid the most attention to the pardon system in the past, the earliest in modern times. The conclusive research on the problem should be the famous jurist Shen Jiaben. In the book "Examination of Criminal Law of the Past Dynasties", he devoted twelve volumes to investigate ancient pardons. In these twelve examinations, he used the historical data of pardons to be classified and collected, and each category was smoothly arranged according to the age from ancient times to the present. It can be said that the historical data is vast and the classification is accurate. His research methods set the tone for later research on the pardon system.
Regarding the origin of forgiving you, it can be traced back to the pre-Qin period. The "Book of Changes · Jie Gua" has: "Xiang said: Thunderstorm is written, solved, the gentleman can forgive you sins." According to posterity In the interpretation of this hexagram, "診" refers to the exemption of criminal punishment for negligent crimes, and "宥" refers to the exemption of punishment for other criminals.
In "Zhou Li·Qiu Guan", the spurs are in charge:
"The law of palm three thorns, three you, three pardons, Izan Skou Hearing prison litigation.... One you say not knowing, then you say negligence, third you say forgetting. One pardons the weak, then pardons the old man, third parsing is stupid."
The object of pardon You There are all conditions. You are the conditions for the pardon of crimes. Only ignorance, negligence, and forgetting can be forgiven; pardon is the exemption of crimes for special criminal groups, and the old, weak and stupid people can be forgiven.
The above two situations are about the concept of punishment for special crimes and penalties, which are very different from the pardon system of later generations:
First of all, its pardon scope is narrow, only for special circumstances And the forgiveness of special people does not yet have the scope of forgiveness for the future generations to amnesty the world or a certain region. Secondly, the pardon at this time is still a separate legal act, and pardon can only belong to the content of the law, and is not related to specific political situations like later generations. Therefore, the pardon at this time cannot be called a system.
The most influential amnesty that can be tested first appeared in the Spring and Autumn Period, that is, "大眚" in the 22nd year of Lu Guozhuang. Shen Jiaben commented: "As mentioned in the "Sci", there is no amnesty for future generations, but the Spring and Autumn Period, which seems to be the right to amnesty."
The Spring and Autumn Period, except for the Warring States Period In addition to the power of this kind of amnesty in Lu, other countries also have similar forms of amnesty. Like the Chu State in the late Spring and Autumn Period, this form of amnesty also appeared. Like the familiar story of the eldest son of Tao Zhu Gong and his brother, the life and death of Fan Li's second son is closely related to Chu's forgiveness.
Tao Zhugong’s second son was imprisoned in Chu for murder. His eldest son went to Chu to rescue his younger brother with a lot of money. He followed his father’s advice and sent the money to Chu. Zhuang Sheng, who is respected by everyone. Zhuang Sheng entered the palace to lobby the King of Chu and said: "A certain star is in a certain place, and this will harm Chu." The King of Chu, following Zhuang Sheng's suggestion, ordered the closure of the three-qian treasury, and prepared to pardon Bude to eliminate the disaster. The other nobleman of the Chu Kingdom that Zhuang Sheng looked for told Zhuang Sheng based on past experience: "Every king is pardoned, and the house of three money is always sealed, and the envoy of the king last night sealed it." Fan Li's eldest son thought The younger brother deserved to be pardoned by King Chu. He didn't know that this pardon was due to Zhuang Sheng's help, so he went to Zhuang Sheng to retrieve the gold. Zhuang Sheng was very angry, and he lobbied the king of Chu and said: "The minister said something about a star, and Wang Yan wanted to repay it with virtue. TodayWhen the minister came out, the roads said that the son of the rich man of Tao, Zhu Gong, killed the prisoner, and his family mostly took money to bribe the king. "楚王"Ling Lun kill Master Zhu, and amnesty will be issued tomorrow. ”
From this example, Chu country should have been pardoned due to disasters at this time, and from the idea that Tao Zhugong’s elder son will be released because of the release of the pardon by the king of Chu, his brother will be released. This kind of pardon should involve large-scale prisoners, and this kind of pardon has certain characteristics of later generations. But the real amnesty is the pardon system in the Qin and Han Dynasties.
2. Development of Amnesty in the Qin and Han Dynasties
The Qin State has repeatedly pardoned you during the Warring States Period, and there are even records of amnesty for sinners. But after Qin Shihuang unified the country and established the Qin Dynasty, his There has been no pardon for more than 30 years in the reign. Qin II had two records of amnesty during his reign, the first time was "大讓罪人" in October Wuyin in the first year of the second century (209 BC). , There is insufficient historical data on the specific records of this amnesty; the other time "大援天下" was in the winter of the second year (208 BC). The amnesty at that time was to pardon the prisoners of Lishan and make them join the army to fight against Chen The army dispatched by the Zhouzhang to attack the Qin Dynasty.
The Han Dynasty was a period of gradual improvement and development of Amnesty, and gradually developed different specifications of Amnesty, Qu Amnesty, Special Amnesty, Reduction, etc., and the background of Amnesty began. Linked with the court ritual system, such as the emperor’s enthronement and collapse, supreme title, change of yuan, prince prince, queen, rehabilitate, solar eclipse, earthquake, hunting, worship hall, etc. At this stage, the pardon developed into a kind of pardon. You system.
The content of the reduction of crimes in the Han Dynasty is not as detailed and generous as the later generations. Many pardons and the content of the legal forgiveness are only "Amnesty World" 四字, did not explain the specific standards of amnesty.
According to Wu Wenling's research, Han Dynasty "If there is only the text of'Amnesty for the world' or'Amnesty for the world', it means that it is always amnesty. If it is stated that ‘all those who should not be surrendered shall be forgiven and removed’, it is equivalent to the original article of the permanent pardon for future generations. " At the same time, she also thinks that Han Dynasty "Amnesty to the world does not include the mortal" .
It is worth noting that in the amnesty issued by the Han Dynasty, the content of rewards and favors was added. At this time The system of forgiveness in the Han Dynasty is just as Ma Duanlin said:
"According to the word forgiveness, you are also guilty. The later forgiveness was not just for the sin of loneliness, and thus indulged in favor. ”
While pardoning sinners, Xie You will also give rewards or favors to some special groups of people. The main content of the favors includes: rewarding officials' golden silk and official ranks, official titles, granting folk titles, and wine 4a7d#
For example, in March of the 4th year of the first Yuan Dynasty (45 BC) of the Han Yuan Emperor, the east temple of the river was fortunately visited. Houtu:
"Pardon Fen Yin disciples; give first class people; women's 100 households of cattle wine; ”
The content of the Tufenyin amnesty after the sacrifice includes the forgiveness of crimes, the granting of princes, women, wine, widows and widows, car-free driving and rental of the land.
The Han dynasty was an important stage in the development of Tweet's public content in the pardon. At this time, the pardon at this time added the content of Tweet with the characteristics of the Han Dynasty's pardon in addition to the content of the reduction of crimes, so that the pardon had both punishment and reward. Function. Generally speaking, the content of Yanyou in the Han Dynasty is more than the content of reduction and exemption, but the content is relatively simple.
The development of content
The content of Tweet of Amnesty in the Han Dynasty developed during the Wei and Jin dynasties, but the time period that changed the most was still in the Tang Dynasty.
The Tweet entry of the Amnesty Book in the Wei and Jin Dynasty, Such as tax exempt itemsFrom the relatively simple content of the Han Dynasty, the development is slightly more detailed. In April of the third year of Ming Dynasty (459) of Emperor Xiaowu of Song Dynasty, King Sikong and Nanyanzhou governor Jingling were dissatisfied with their crimes. According to Guangling City, in autumn and July of that year, Emperor Xiaowu led his army to conquer Guangling City, cut the birthday, and amnesty. Tianxia,
"Shangfang Changpu, Xiguan servants, old and sick, and the old and sick; the filial son, the shun grandson, the righteous husband, and the festival wife give the millet and the silk each different; Wang Ji went to the poor house, and near Xingdon The reason, and the rent for one year.”
The scope of this amnesty is limited to Shangfang elders, who are engaged in the service of labor and penalties for the food and drink in the palace. The family members of the offenders were often used as officials in charge of funerals and illnesses of the palace, as well as the elderly and sick slaves and maidservants. The amnesty only specified these types of people. It was the first time I saw the filial son Shun-sun, the righteous husband's day woman and Su Si in the amnesty, but this measure was absorbed by later generations and became a regular content in the amnesty.
In addition, the amnesty’s tax exemption is more specific, only exempting the capital and the place where the king’s master passes for one year’s tax. This actually reduces the scope of Tweet and makes the amnesty more reason.
Liang Wudi’s Southern Suburb Amnesty in the first year of Taiqing (547):
"You poor people have no immediate annual rent adjustments; Qing bans, and they all explain; the betrayal, the clever book Hidden years, secretly concealed, open for a hundred days, each order surrendered, regardless of the past sin; moved to another country, listened to the home business, and taught for five years."
This article has some control over the content of Tweet, especially the poor can not pay the immediate annual rent adjustment, that is, the year refers to the current year; other content of the forgiveness of the sins is also subject to a time limit, and the pardon is within a hundred days of surrendering the crime; The pardon also increases the gift to the displaced people, who can restore their original property, and also exempts the rent for five years.
The Tang Dynasty conformed to the trend of the development of amnesty awards since the Han Dynasty, inherited and expanded the scope of Tweeting, making the Tweeting provision more specific and rational.
Regarding the taxation of the people, there are conditions for exemption and exemption of owed official property and restrictions on the execution time. There are regional differences in the release of rent exemption. For example, Hebei Province has experienced wars, so the people give three times In 1991, where the soldiers passed by Huihe, this year’s tax was exempted. The rewards for civil and military officials are also different. The level of rewards for officials above the third rank is different from that of officials below the fourth rank. The parents of civil and military officials are given the names of the parents and the states are required to recommend talents that meet the types specified in the amnesty. .
The complexity of the content of Tweet in the Book of Amnesty in the Tang Dynasty is the development basis of the content of Tweed in the Book of Amnesty in the Song Dynasty. The Tang Dynasty produced some prohibitive regulations on the content of the amnesty Tweet. This is a question that many Tang history researchers have paid attention to, that is, whether the amnesty application function or the legislative function called the amnesty letter.
The content of "Legislative System, Execution Ban" appeared in the Amnesty Book of the Tang Dynasty is closely related to the political situation. In the middle and late Tang Dynasty, the separatist forces of the vassal and towns were strong, and the central control weakened. In the face of this situation, the imperial court hopes to spread the amnesty letter and implement the central government's decree. Correspondingly, the content of legislation and application for prohibition in the amnesty letter has gradually increased.
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