| Chinese Text Project |
《卷五十四 - Volume 54》 | English translation: AI and Chinese Text Project users [?] | Library Resources |
《刑法部 - Criminal Law Department 》 | English translation: AI and Chinese Text Project users [?] | Library Resources |
《刑法 - Punishment and Law 》 | English translation: AI and Chinese Text Project users [?] | Library Resources |
| 1 | 刑法: |
《爾雅》曰：律，法也。 又：律法銓也。易坎卦，主法律，銓衡輕重也。 |
| The Erya says: "Lü (律) means law." It also says: "Lüfa is the standard for selecting officials." The Qian hexagram of the Yijing represents law, and it refers to weighing and measuring standards. | ||
| 2 | 刑法: |
《管子》曰：正月之朔，百吏在朝，君乃出令，布憲于國，五鄉五師五屬大夫，皆受憲于君矣。 又曰：法者所以興功懼暴，律者所以定分止爭也。 又曰：凡國無法，則眾不知所為，無度則事無儀，有法不正，有度不直，則治僻，治僻則國亂。故曰：正法直度，罪殺無赦，殺戮必信，民畏而懼，武威既明，令不再行。 又曰：法者，天地之位，象四時之行，以治天下，四時之行，有寒有暑，聖人法之，故有文有武，天地之位，有前有後，有左有右，聖人法之，以建經紀，春生於左，秋殺於右，夏長於前，冬藏於後，生長之事文也。收藏之事武也。是故文事在左，武事在右，聖人法之，以行法令，以治事理也。 |
| The Guanzi says: On the first day of the first month, all officials are in court. The ruler then issues orders and proclaims laws throughout the state; the five xiang (鄉), five shi (師), and five shu dafu (屬大夫) all receive the laws from the ruler. It also says: "Laws are used to promote achievements and deter violence; regulations (lv) are used to establish distinctions and end disputes." It also says: "If a state has no laws, the people will not know what to do; without standards, affairs will lack proper conduct. If there are laws but they are unjust, and if there are standards but they are biased, governance becomes corrupt; when governance is corrupt, the state falls into chaos." Therefore it says: "Uphold just laws and upright standards; punish crimes without mercy, execute punishments with certainty. When the people fear and respect this, martial authority becomes clear, and orders need not be repeated." It also says: "Laws represent the positions of heaven and earth, mirroring the movements of the four seasons to govern the world. The movement of the four seasons includes cold and heat; sage rulers emulate this, hence there are civil and military aspects in governance. The positions of heaven and earth include front and back, left and right; sage rulers follow these principles to establish institutions. Spring is born on the left, autumn brings death on the right, summer grows ahead, winter stores behind—these matters of growth and harvest belong to the civil aspect." Matters of storing and preserving are part of the military aspect. Therefore, civil affairs belong to the left, and military affairs belong to the right; sage rulers emulate this principle to enforce laws and regulations, and to manage state affairs. | ||
| 3 | 刑法: |
《申子》曰：君必有明法正義，若懸權衡以稱輕重，所以一群臣也。 又曰：堯之治也。善明法察令而已，聖君任法而不任智，任數而不任說，黃帝之治天下，置法而不變，使民而安不安，樂其法也。 又曰：昔七十九代之君，法制不一，號令不同，然而俱王天下，何也。必當國富而粟多也。 |
| The Shenzi says: A ruler must have clear laws and righteous principles, just as one suspends a scale to weigh lightness and heaviness; this is how he unifies his ministers. It also says: "The governance of Yao." It was merely about clearly establishing laws and carefully issuing orders. A sage ruler relies on law rather than wisdom, depends on systems rather than persuasion. When Huangdi governed the world, he established laws without altering them; he made the people feel secure or insecure according to their compliance with these laws, and they found joy in following them. It also says: "In the past, rulers of seventy-nine dynasties had different legal systems and varying decrees; yet they all became kings of the world. Why was this so?" It must have been because their states were wealthy and grain abundant. | ||
| 4 | 刑法: | 《家語》曰：孔子初仕，為中都宰。中都，魯邑。制為養生送死之節，長幼異食，強弱異任，男女別塗，路不拾遺，器不雕偽，市不二價，行之一年，而四方諸侯皆則焉。定公謂孔子曰：學子之法，以治魯國，何如。孔子對曰：雖天下可，何但魯國而已矣。 |
| The Guoya says: Confucius, when he first took office, served as the administrator of Zhongdu. Zhongdu was a fief in Lu. He established regulations concerning the rites of life and death, stipulating that food should differ according to age, duties vary by strength, and men and women use separate paths. Nothing was left unclaimed on roads; utensils were not artificially embellished; market prices remained consistent without double pricing. After one year of implementation, rulers from all directions emulated his example. Dinggong said to Confucius: "If you apply your methods of learning and discipline to govern the State of Lu, how would that be?" Confucius replied: "Even if it were for the whole world, why should it be limited to merely the State of Lu?" | ||
| 5 | 刑法: |
《韓子》曰：治大國而數變法，則民苦之，是以有道之君，貴虛靜而重變法。 又曰：聖人立法，賞足以勸善，威足以勝暴，備足以必完。 又曰：釋法術而心治，堯不能正一國，使中主守法術，拙匠執規矩尺寸，則萬不失一。 又曰：董安于行石阜山中，見深澗峭如牆，深百仞。因問其鄉左右曰：人嘗有入者乎。對曰：無有。安于喟然歎曰：吾能治矣。使吾法之無赦，猶入澗之必死也。則民莫之犯，何為不治。事具水部澗篇。 又曰：越王問於大夫種曰：吾欲伐吳，可乎。對曰：可矣。君賞厚而信，罰嚴而必，君欲知之，何不試焚宮室，於是遂焚宮室，民莫救火。乃下令曰：人救火而死者，比敵死之賞，勝火而死者，比勝敵之賞，不救火，若比降北之罪，民之塗其體，被濡衣，走火者，左三千人，右三千人，此知必勝之勢也。 |
| The Hanfeizi says: "To govern a great state and frequently change the laws causes hardship for the people. Therefore, wise rulers value tranquility and place great importance on changing laws." It also says: "Sage rulers establish laws; rewards are sufficient to encourage virtue, authority is enough to overcome violence, and preparations are adequate for certain success." It also says: "If one abandons laws and techniques in favor of personal judgment, even Yao could not properly govern a single state. If an average ruler adheres to legal methods, and an unskilled craftsman follows rules and measurements, then there will be no mistakes among ten thousand attempts." It also says: "Dong Anyu was traveling in the Shifu Mountain when he saw a deep ravine with steep walls like those of a wall, over one hundred ren (about 500 meters) deep." He then asked the people on both sides from his hometown: "Has anyone ever entered this place before?" They replied: "No one has." Anyu sighed and said: "Now I understand how to govern." "If my laws are enforced without mercy, it will be like entering this ravine—certain death." Then the people would dare not commit offenses. Why should governance fail? The matter is detailed in the "Jian" section of the Water Department. It also says: The King of Yue asked his minister Zhong: "I wish to attack Wu, is this possible?" Zhong replied: "Yes." "If the ruler offers generous rewards and keeps his word, and imposes strict punishments that are certain to be carried out. If you wish to know this, why not try burning down your palace?" So he burned down the palace, but no one among the people rushed to put out the fire. He then issued an order: "Those who die while trying to extinguish the fire shall be rewarded as those who die in battle against enemies. Those who successfully put out the fire and are injured or killed shall receive rewards equal to those for defeating the enemy. Anyone who does not help to extinguish the fire will be punished like a traitor. The people, drenched and soaked through their clothes, rushed into the flames—three thousand on the left side and three thousand on the right side." This demonstrated how one could know the certainty of victory. | ||
| 6 | 刑法: | 《文子》曰：文子問老子，法安所生。曰：法生於義，義生於眾，適合乎人心，此治之要也。法非從天下，非從地出，發於人間，及己自正。 |
| The Wuzi says: Wenzi asked Laozi, "From where do laws originate?" Laozi replied: "Laws arise from righteousness; righteousness arises from the people. When they align with human hearts, this is the key to good governance." Laws do not descend from heaven nor emerge from earth; they originate among people and are established by individuals who first correct themselves. | ||
| 7 | 刑法: | 《申子》曰：君子之所以尊者令，令不行，是無君也。故明君慎令。 |
| The Shenzi says: The reason why gentlemen are respected is because of orders; if orders cannot be carried out, then there is no ruler. Therefore, a wise ruler must carefully issue commands. | ||
| 8 | 刑法: |
《慎子》曰：堯為匹夫，不能鄰家至，西南面而王，則令行禁止，由此觀之，賢未足以服不肖，而勢位足以屈賢也。 又曰：法之功，莫大使私不行，君之功，莫大使民不爭，今立法而行私，是與法爭，其亂甚於無法，立君而尊賢，是賢與君爭，其亂甚於無君，故有道之國，法立則私善不行，君立則賢者不尊，民一於君，斷於法，國之大道也。 又曰：故治國無其法則亂，守法而不變則衰，有法而行私，謂之不法，以力役法者，百姓也。以死守法者，有司也。以道變法者，君長也。 |
| The Shenzi says: "If Yao were an ordinary man, he could not even make his neighbors come to him. But when he faced south as a king, commands were obeyed and prohibitions respected. From this we see that virtue alone is insufficient to subdue the unworthy; rather, power and position are sufficient to humble the virtuous." It also says: "The function of law is most effective when private interests are restrained; the function of a ruler is most effective when people do not compete. If laws are established but private interests still prevail, this means competing with the law—such disorder is worse than having no law at all. If a ruler is appointed and virtuous men are honored, it leads to competition between virtue and authority—this kind of chaos is even worse than having no ruler. Therefore, in a well-governed state, when laws are established, private virtues do not prevail; when the ruler is set up, virtuous individuals are not elevated above him. The people align with their ruler, and decisions rest on law—this is the fundamental principle of governance." It also says: "Therefore, a state without laws falls into disorder; adhering to the law without change leads to decline. To have laws but act on private interests is called 'not following the law.' Those who serve the law through effort are the common people." Those who uphold the law at the cost of their lives are the officials. Those who change laws according to the Way (Dao) are the rulers and chieftains. | ||
| 9 | 刑法: |
《漢書》曰：漢興，高祖初入關，約法三章。曰：殺人者死，傷人及盜抵罪，蠲削煩苛，兆民大說，其後四夷未附，兵革未息，三章之法，不足以禦姦，於是相國蕭何，捃摭秦法，取宜於時者作律。 又曰：杜周為廷尉，其治獄倣張湯，而善伺候，上所欲擠者，因而陷之，上所欲釋，久繫待問，而微見其冤狀。客有謂周曰：君為天下決平，不修三尺法，當時為是，何古之法。 又曰：時上方向文學，張湯決大獄，欲傅古議，乃請博士弟子治尚書春秋，補廷尉使，平疑法，奏讞疑，事必奏，先為上分別其原，上所是，受而著讞法，廷尉挈令，揚主之明。 |
| The Hanshu says: "When the Han dynasty rose, Emperor Gaozu first entered Guan and established a law of three chapters." It said: "Those who kill shall be put to death; those who injure others or commit theft shall bear the corresponding punishment." By abolishing complicated and harsh regulations, the people were greatly pleased. However, at that time, the four foreign tribes had not yet submitted, and wars had not ceased. The three-chapter law was insufficient for curbing corruption, so Chancellor Xiao He collected and selected from Qin laws, adopting those suitable to the times to create legal codes (lv). It also says: "Du Zhou served as Tingwei. His handling of legal cases followed Zhang Tang's example, but he was particularly skilled at observing and anticipating the emperor's intentions. For those the emperor wished to eliminate, he would fabricate evidence against them; for those the emperor wanted to release, he would keep them in prolonged detention while subtly revealing signs of their innocence." A guest once said to Zhou: "You decide justice for the world, yet you do not follow the three-foot law. What is this but acting according to convenience in the moment? Why then speak of ancient laws?" It also says: "At that time, the emperor was favoring literary learning. Zhang Tang handled major legal cases and wished to align with ancient precedents; thus he requested scholars from the Doctorate and their disciples who studied the Shangshu (Book of Documents) and Chunqiu (Spring and Autumn Annals), appointing them as assistants in the Tingwei Office, to interpret doubtful laws, submit uncertain cases for review. He always first presented the emperor with a detailed analysis of the case's origins. If the emperor approved, he would record it into legal precedents. The Tingwei then issued orders, extolling the ruler's wisdom." | ||
| 10 | 刑法: | 《東觀漢記》曰：陳寵曾祖父咸，成哀間，以明律令，為侍御史，王莽篡位，父子相將歸鄉里，●門不出入，收家中律令文書，壁藏之，以俟明王，咸常勅戒子孫，為人議法，當依輕，雖有百金之利，無與人重比，故世謂陳氏持法寬。 |
| The Dongguan Han Ji says: Chen Chong's great-grandfather was Xian. During the reigns of Emperor Cheng and Emperor Ai, he served as Shiyushi due to his knowledge of legal codes. When Wang Mang usurped power, father and son returned together to their hometown, closing their gate and not going in or out. They collected all legal documents from home and hid them in a wall for future use by a wise ruler. Xian often instructed his descendants: "When interpreting laws for others, always lean toward leniency; even if there is profit of hundreds of gold pieces, do not impose heavier penalties on people." Thus, the world regarded the Chen family as lenient in their application of law. | ||
| 11 | 刑法: | 范曄《後漢書》曰：鄭弘，建初初，為尚書令，舊制，尚書郎限滿，補縣長，令史報丞尉，弘奏以為臺職雖尊，而酬賞甚薄，至於關選，多無樂者，謂使郎補千戶，令史為長，帝從其議，弘前後所陳，有補益王政者，著之南宮，以為故事。 |
| Fan Ye's Hou Hanshu says: Zheng Hong, in the early Jianchu era, served as Shangshuliu. According to old regulations, when a Shangshulan's term was completed, he would be appointed as county magistrate; clerks and historians were assigned as assistants or magistrates. Hong submitted a proposal stating that although positions at the Shangshu Office were prestigious, their rewards were very meager, so few people were willing to accept such appointments. He suggested appointing Shangshulan as magistrates of counties with one thousand households and clerks as county officials. The emperor accepted his suggestion. Whatever Hong proposed in the past that was beneficial for royal governance was recorded at Nan Gong (the Southern Palace) as precedent. | ||
| 12 | 刑法: | 《說文》曰：科，程也。程，品也。十發為程，十程為寸。 |
| The Shuowen Jiezi says: "Ke means standard or regulation." "Cheng means classification or grading." Ten fa make one cheng, and ten cheng make one cun. | ||
| 13 | 刑法: | 《楊雄劇秦美新論》曰：金科玉條。科條謂所施也。律金玉，當珍之。 |
| Yang Xiong's Ju Qin Mei Xin Lun says: "Jinke Yutiao." (Golden regulations and jade statutes) Ke tiao refers to what is implemented. Laws, like gold and jade, should be cherished. | ||
| 14 | 刑法: |
《鹽鐵論》曰：昔秦法繁於秋荼，而密於凝脂，然上下相趨，姦偽萌生。 又曰：夫善言天者，合之於人，善言古者，考之於今，二尺四寸之律，古今一也。 |
| The Yantie Lun says: "In the past, Qin laws were more numerous than autumn tea leaves and denser than solidified fat; yet as both rulers and subjects rushed to follow them, deceit and corruption began to arise." It also says: "Those who speak well of heaven must align it with human affairs; those who speak well of the past must examine it in relation to the present. The two chi and four cun long legal code is the same for both ancient and modern times." | ||
| 15 | 刑法: | 《風俗通》曰：咎陶謨虞，始造律，蕭何成九章，此關諸百王，不易之道也。時所制曰令，漢書著于甲令，夫吏者治也。當先自正，然後正人，故文書下如律令，言當承憲履繩動，不失律令也。 |
| The Fengsu Tong says: "Gao Tao advised Yu, and began to create laws. Xiao He completed the Nine Chapters; this is a principle followed by all rulers throughout history, unchangeable." At that time, what was established were called "orders," and the Hanshu recorded them in the Jia Ling. Officials are those who govern. They must first correct themselves before they can correct others; thus, the phrase "Documents shall be carried out as laws and orders dictate" means that officials should follow regulations strictly and not deviate from legal instructions. | ||
| 16 | 刑法: | 王隱《晉書》曰：荀勗與賈充，共定律令，班下施用，各加祿賜。 |
| Wang Yin's Jin Shu says: Xun Xu and Jia Chong jointly established laws and orders, which were then issued for implementation; each received additional salaries and rewards. | ||
| 17 | 刑法: | 【詩】《周庾信正旦上司憲詩》曰：詰旦啟門欄，繁辭擁筆端，蒼鷹下獄吏，獬豸飾刑官，司朝引玉節，盟載捧珠盤，孟門久失路，扶搖忽上摶，栖烏還得府，棄馬復歸欄，榮華名義重，慮薄報恩難，枚乘還起疾，貢禹遂彈冠，方乘蓮葉劍，未用竹根丹，一知懸象法，誰思垂釣竿。 |
| [Poem] In Zhou Yuxin's "New Year's Day Poem to the Office of Censorate," it says: At dawn, I open my gate and sit at my desk with many words ready. Cangying descends as a prison official; Xiezhi adorns the judge. I hold jade scepter in court, and present pearl dishes from oaths. For long time lost on Shimen road, suddenly soaring upward. The roosting crow returns to its hall, the abandoned horse goes back into the stable. Honor and glory rest upon noble names; thin rewards make repayment hard. Mei Cheng rises swiftly again, Gong Yu resumes his official hat. I ride with lotus-leaf sword in hand, yet have not used bamboo-root cinnabar. Though I know celestial laws hang above, who still thinks of the fishing rod? | ||
| 18 | 刑法: | 【賦】《晉傅咸明意賦》曰：侍御史傅咸，奉詔治獄，作賦用明意云，舍控款以彌載，令棲遲以淹留，吏砥身以存公，古有死而無柔，彼背正以從邪，我沒世而是尤，敷腎腸以為效兮，豈文飾之足脩，感恩輸命，心口自滅，加我數年，竭力效節，春秋既不吾與，日月忽其不屈，周道兮如砥，言人兮是由，材曲兮枉橈，朽木兮難抽。 |
| [Prose] In the Jin dynasty Fu Xian's Mingyi Fu, it says: Shiyushi Fu Xian, having received an imperial decree to handle a case, composed this fu (rhapsody) to express his intent. He said: "I have abandoned restraint and indulged in delay; officials polish themselves for public service. In ancient times, there were those who died rather than yield. Others turned from righteousness to evil, while I remain blameless throughout my life. I spread open my heart as an example—how could mere literary embellishment suffice? Grateful for the opportunity, I offer my life, suppressing both mind and mouth. Grant me a few more years so that I may exhaust myself in loyal service. Spring and Autumn have not favored me; days and months pass swiftly without pause. The Zhou path is as smooth as polished stone—this is how people should be. Bent wood bends under pressure; rotten timber cannot sprout anew." | ||
| 19 | 刑法: | 《晉傅玄釋法篇》曰：釋法任情，姦佞在下，多疑少決，譬執腐索，以御奔馬，專任刑名，民不聊生，通儒達道，政乃升平，浩浩大海，百川歸之，洋洋聖化，九服仰之，春風暢物，秋霜肅殺，同則相濟，異若胡越。 |
| The Jin dynasty Fu Xuan's Shifa pian says: "To abandon law and follow emotion, to have villains below, to be full of doubt yet make few decisions—this is like holding a rotten rope to control a galloping horse. To rely solely on legalism and punishment leads the people to despair. Only when learned scholars understand the Way can governance achieve peace. Vast as the great sea, all rivers flow into it; noble virtue spreads widely, respected by all under heaven. Spring winds nourish life, autumn frost brings 肃杀 (severe killing). When in harmony, they complement each other; when different, they are as distant as Hu and Yue." | ||
| 20 | 刑法: | 【贊】《梁昭明太子爾雅制法則贊》曰：惟斯法則，信如四時，嚴此刑政，刑輕罪疑，霜威已振，民不敢欺。 |
| [In Praise] In the Liang dynasty's Prince Zhaoming's "Erya Legal Principle Eulogy," it says: "Only these principles, as trustworthy as the four seasons. Strict in criminal governance—punishments light yet crimes doubtful. The frosty authority is already established; the people dare not deceive." | ||
| 21 | 刑法: | 《後漢李尤鞠城銘》曰：員鞠方牆，倣象陰陽，法月衡對，二六相當，建長立平，其列有常，不以親疏，不有阿私，端心平意，莫怨其非，鞠政由然，況乎執機。 |
| The Hou Han Li You's "Jucheng Stele" says: "The round ball and square walls resemble yin and yang. The law of the moon balances in opposition, with two to six corresponding equally. Establishing length and leveling—its arrangement follows a fixed pattern. It does not favor relatives or strangers; there is no partiality. With upright heart and impartial intent, none dare complain about injustice. If governance of the ball game can be like this, how much more so for those who hold power?" | ||
| 22 | 刑法: |
【令】《魏陳王曹植黃初五年令》曰：夫遠不可知者天也。近不可知者人也。傳曰：知人則哲，堯猶病諸。諺曰：人心不同，若其面焉。唯女子與小人為難養也。近之則不遜，遠之則怨，詩云，憂心悄悄，慍于群小，自世閒人，或受寵而背恩，或無故而叛，違顧左右，曠然無信，大嚼者咋斷其舌，右手執斧，左手執鉞傷夷，一身之中，尚有不可信，況於人乎。唯無深瑕潛釁，隱過匿𠎝，乃可以為人。諺曰：穀千駑，不如養一●，又曰：穀駑養虎，大無益也。乃知韓昭使藏弊蔥，良有以也。使臣有三品，有可以仁義化者，有可以恩惠驅者，不足以導之，則當以刑罰使之，刑罰復不足以率之，則明所以不畜，故唐堯至仁，不能容無益之子，湯武至聖，不能養無益之臣，九折臂知為良醫，吾知所以待下矣。諸吏各敬爾在位，孤推一概之平，功之宜賞，於疏必與，罪之宜戮，在親不赦，此令之行，有若皎日，於戲群司，其覽之哉。 又《黃初六年令》曰：身輕於鴻毛，而謗重於泰山，賴蒙帝主天地之仁，違百寮之典議，赦三千之首戾，反我舊居，襲我初服，雲雨之施，焉有量哉。孤以何功，而納斯貺，富而不吝，寵至不驕者，則周公其人也。孤小人爾，深更以榮為戚，何者，將恐簡易之尤，出於細微，脫爾之愆，一朝復露也。故欲修吾往業，守吾初志，欲使皇帝恩在摩天，使孤心常存入地，將以全陛下厚德，究孤犬馬之年，此難能也。然固欲行眾之難。詩曰：德輶如毛，鮮克舉之，此之謂。 |
| [Edict] In the Wei dynasty's Prince Chen Wang Cao Zhi, "Imperial Edict of Huangchu Year Five," it says: "The distant and unknowable is Heaven." The near but unknowable are people. It is said in the Zhuan: "To know people is wisdom; even Yao found this difficult." A proverb says: "People's hearts differ, just like their faces." Only women and petty people are difficult to manage. Approach them and they become disrespectful; distance yourself and they resent you. The Shijing says: "My heart is full of worry, angry at the petty crowd." Among ordinary people in the world, some accept favor yet betray kindness, others rebel without cause, turning their heads left or right, showing no trustworthiness. A glutton may bite off his own tongue; one with an axe in the right hand and a halberd in the left brings harm. Within a single person, there is still room for doubt—how much more so among people? Only those without deep flaws or hidden grievances, who conceal no faults and hide no evil intentions, can truly be considered human. A proverb says: "Feeding a thousand nus is not as good as raising one [animal]." It also says: "Feeding a nu to raise a tiger brings no benefit at all." Thus we understand why Han Zhao ordered the concealment of defective scallions—there was good reason for it. There are three types of officials: those who can be transformed through benevolence and righteousness, those who can be guided by kindness and favor. If these fail to lead them, then punishment must be used. If even punishment is insufficient, one must clearly know that such people should not be kept. Thus, Tang Yao, the most benevolent of rulers, could not tolerate useless sons; King Tang and King Wu, the wisest of sages, could not keep unhelpful ministers. A man who has broken his arm nine times knows how to become a good doctor—thus I know how to treat those beneath me. All officials must respect their positions. I will uphold impartiality, rewarding those who deserve it even if they are distant relatives; punishing those guilty of crimes without mercy, even if they are close kin. The enforcement of this decree shall be as clear as the bright sun. Alas, all departments and offices—take heed! Another edict from the sixth year of Huangchu says: "My body is lighter than a goose feather, yet my blame heavier than Mount Tai. I rely on the boundless benevolence of His Majesty, who defied the consensus of all officials to pardon me for three thousand offenses. He has returned me to my old home and restored my former rank. The grace of clouds and rain—how can it be measured?" What merit do I have to receive such a gift? One who is rich yet not stingy, honored yet not arrogant—this was Duke of Zhou. I am but a small man, and I deeply regard honor as sorrow. Why? Because the greatest carelessness often arises from minor details; if you overlook your faults today, they may resurface suddenly. Therefore, I wish to mend my past endeavors and uphold my original aspirations. May the emperor's grace reach up to the sky, and may my loyal heart remain deep as the earth. This is done to preserve Your Majesty's great virtue and fulfill my years of service like a dog or horse—this is truly difficult. Yet I still wish to accomplish what many find difficult. The Shijing says: "Virtue is as light as a feather, yet few can bear it." This is what I mean. | ||
| 23 | 刑法: | 【難】《漢張敞議入穀贖罪》：蕭望之難曰：國兵在外，軍以夏發，隴西以北，安定以西，吏民並給轉輸，田事頗廢，素無餘積，雖羌虜以破，來春必乏，窮僻之處，買無所得，縣官穀度不足以振之，願令諸有罪非盜受財殺人及犯法不得赦者，得以差入穀，此八郡贖罪，務益致穀，以豫備百姓之急，事下有司，望之與少府李疆議，以為民含陰陽之氣，有仁義欲利之心，在教化之所助，雖堯在上，不能去民欲利之心，而能令其欲利不勝其好義也。雖桀在上，不能去民好義之心，能令其好義不勝其欲利也。故堯桀之分，在於義利而已，導民不可不慎也。今欲令民量粟以贖罪，如此則富者得生，貧者獨死，是貧富異刑，而法不一也。人情貧窮，父兄囚執，聞出財得以生活，為人子弟者，將不顧死亡之患，敗亂之行，以赴財利，求親戚一人得生，十人以死，如此，伯夷之行壞，公綽之名滅，政教一傾，雖有周召之佐，恐不能復，古者藏於民，不足則取，有餘則予。詩曰：爰及矜人，哀此鰥寡，上惠下也。 |
| [Difficulties] In the Han dynasty Zhang Chang's "Discussion on Accepting Grain for Redemption of Crimes," Xiao Wangzhi raised an objection: "With troops deployed abroad and military campaigns launched in summer, from Longxi to the north and Anding to the west, officials and people alike are occupied with transporting supplies. Farming has been largely neglected; there is little surplus grain stored. Even though the Qiang enemies have been defeated, next spring will surely bring shortages. In remote areas, nothing can be bought, and government grain reserves are insufficient to relieve the situation. We request that those who commit crimes—except for thieves, those accepting bribes, murderers, or others whose offenses cannot be pardoned—be allowed to redeem their sentences by contributing varying amounts of grain. This would allow eight commanderies to collect grain through redemption, ensuring more grain is available in advance to address the people's urgent needs." The matter was referred to the relevant officials. Wangzhi and Shaofu Li Jiang discussed it and concluded: "People contain yin-yang energies; they naturally possess desires for benevolence, righteousness, and profit. Education and moral instruction can guide them. Even if Yao were in power, he could not eliminate people's desire for profit, but he could ensure that their pursuit of profit does not outweigh their love of righteousness." Even if Jie were in power, he could never remove the people's inclination toward righteousness; but he might cause their desire for profit to outweigh their love of virtue. Thus, the distinction between Yao and Jie lies only in whether righteousness or profit prevails; therefore, guiding the people must be approached with great care. Now, if we allow the people to redeem crimes by paying grain, then the wealthy will survive while the poor alone face death. This would mean different punishments for rich and poor—thus making laws inconsistent. Human nature is such that when poverty strikes and fathers or brothers are imprisoned, hearing of the chance to pay money for release, sons and younger relatives will disregard dangers of death and engage in corrupt actions solely for profit, hoping only one relative might survive while ten others perish. In this way, the conduct of Boyi would be ruined, and the reputation of Gongchuo destroyed. Once governance and moral instruction begin to decline, even with Zhougao as assistants, it may not be possible to restore them. In ancient times, resources were stored among the people; when insufficient, they were taken; when in surplus, they were given back. The Shijing says: "Extend compassion to the pitiable, and mourn for the widowed and orphaned—this is benevolence from above toward those below." | ||
| 24 | 刑法: | 【議】《後漢孔融肉刑議》曰：古者敦庬，善否區別，吏端刑清，治無過失，百姓有罪，皆自取之，末世陵遲，風俗壞亂，政撓俗替，法害其民。故曰：上失其道，民散久矣。而欲繩之以古刑，投之以殘棄，非所謂與時消息也。紂斮朝涉之脛，天下謂之無道，夫九牧之地，千八百君，若刖一人，是天下常有千八百刖也。求世休和，弗可得已，且被刑之人，慮不念生，志在思死，類多趨惡，莫復歸止，夙沙亂齊，伊戾禍宋，趙高英布，為世大患，不能止其源，遂為非也。雖忠如鬻拳，信如卞和，智如孫臏，冤如巷伯，才如史遷，達如子政，一罹刀鋸，沒世不齒，漢開改惡之路，凡為此也。故明德之君，遠度深惟，棄短就長，不苟革其政者也。魏傅幹肉刑議曰：蓋禮樂所以導民，刑罰所以威之，是故君子忌禮，而小人畏刑，雖湯武之隆，成康之盛，不專用禮樂，亦陳肉刑之法，而康哉之歌興，清廟之頌作，由此推之，肉刑之法，不當除一也。經有墨劓剕割之制，至於鑿顛抽脅，烹煮之刑，衛鞅所述為，非咎陶所造，呂侯所述，據經按傳，肉刑不當除有五驗，請言其理，荀卿論之備矣。太古質簡，制事樸略，故耒耜未用於牛，而弧矢不加筋鐵，智非闇也。不識事宜，以為聖人純一之教，不如賢者支離之術，鄭衛可以易咸池，激楚可以陵韶武耶，斯不足復難矣。 |
| [Discussion] In the Hou Han Kong Rong's "Discussion on Physical Punishment," it says: "In ancient times, society was simple and honest; good and bad were clearly distinguished. Officials administered justice with integrity and clarity, so governance had no mistakes. When people committed crimes, they brought them upon themselves. In later ages, however, customs declined and became corrupt; government policies were disrupted by vulgar trends, and laws harmed the people." Therefore it is said: "When rulers lose their Way, the people have long since dispersed." Yet to punish them with ancient punishments and cast them away as broken things is not what it means to adapt to the times. King Zhou cut off the legs of Chao She, and all under heaven called him tyrannical. Among the nine provinces governed by one thousand eight hundred rulers, if one person were amputated, it would mean that there are always a thousand eight hundred such punishments across the world. To seek peace and harmony in the world is no longer possible. Moreover, those who have been punished do not think of living; their minds are set on death. They often incline toward evil and rarely return to righteousness. Susa caused chaos in Qi, Yili brought disaster to Song, Zhao Gao and Ying Bu became great troubles for the age—because the source was not stopped, they eventually turned to wrongdoing. Even if one is as loyal as Yuquan, as trustworthy as Bian He, as wise as Sun Bin, as wronged as Yangbo, as talented as Sima Qian, or as enlightened as Zizheng, once subjected to the blade and saw, they would be disgraced for eternity. The Han dynasty opened a path for reforming evil—this was done precisely for such reasons. Therefore, wise and virtuous rulers look far ahead and think deeply; they abandon the short-sighted for the long-term benefit, and do not recklessly change their policies. The Wei dynasty Fu Gan's "Discussion on Physical Punishment" says: "Ceremonial rites and music are used to guide the people, while punishments serve as a deterrent. Therefore, gentlemen respect rites, but commoners fear punishment. Even during the flourishing reigns of King Tang and King Wu or the prosperity under Cheng Wang and Kang, rulers did not rely solely on rites and music; they also established laws for physical punishment. It was then that the song 'Kang Zai' arose and the ode to the Clear Temple was composed. From this we can infer: the system of corporal punishment should not be entirely abolished." The classics mention regulations for punishments such as tattooing, nose-cutting, foot amputation, and other forms of cutting. Even more severe were the methods like drilling the head, extracting ribs, or boiling people alive—these were described by Wei Yang but not created by Gao Tao. The descriptions in the Lü Hou (Marquis of Lu) are based on classical texts and transmitted records. There are five proofs that physical punishment should not be abolished; I will now explain their reasoning. Xunzi has already discussed this thoroughly. In the most ancient times, things were simple and unadorned; systems of governance were plain and rudimentary. Therefore, plows had not yet been used with oxen, and bows and arrows did not have sinew or iron reinforcements—not because people lacked intelligence, but simply due to the state of development at that time. To be unaware of the nature of affairs is to believe that the pure and unified teachings of sages are inferior to the fragmented methods of virtuous men, or to think that music from Zheng and Wei can replace Xianchi, or that Ji Chu can surpass Shao Wu. Such views need not be further refuted. | ||
| 25 | 刑法: | 《晉曹志議》曰：嚴刑以殺，犯之者寡，刑輕易犯，蹈惡者多，臣謂玩常苟免，犯法乃眾，黥刖鄣罪，而民甚恥，且創制墨刖，見者知禁，彰罪表惡，聞者多服，假使惡多，尚不至死，無妨產育，苟能殺以止殺，為惡縱寡，積而不已，將至無人，天無以神，君無以尊矣。故古人寧過不殺，是以為上，寧寬得眾，不寧急積殺，若及于張聽訟，刑以止刑，可不革舊，過此以往，肉刑是宜，假令漢文于張，承大亂之後，創基七十，國寡民稀，止禁刑書，鞭杖為治也。 |
| The Jin dynasty Cao Zhi's "Discussion" says: "Severe punishments deter crime, so few dare to break the law; light punishments are easily violated, leading many to commit evil. I believe that when people grow complacent and take chances for leniency, violations of the law will increase. Branding or amputation serves as a visible warning against wrongdoing, and the people feel deep shame. Moreover, by establishing clear penalties such as tattooing and foot amputation, those who see them understand what is forbidden; the punishment highlights evil deeds, and many are convinced upon hearing about it. Suppose there were many evildoers, but they still would not die—this would not hinder reproduction. If we could use killing to stop killing, then even if wrongdoing were rare, if such measures continued without end, eventually no one would remain; the heavens would lose their divinity, and rulers would lose their dignity." Therefore, the ancients preferred to err on the side of not killing; this was considered superior. They favored leniency in order to gain popular support and did not prefer haste that led to excessive executions. When Zhang heard lawsuits, he used punishment to stop further punishment—thus there was no need to abolish old practices. Beyond this point, corporal punishment was appropriate. Suppose Emperor Wen of Han followed Zhang's example; after enduring great chaos, during the foundation-building period of seventy years, when the country had few people and scarce population, he merely prohibited written records of physical punishments and used whippings and caning as means of governance. | ||
| 26 | 刑法: | 《晉程咸女適人不從坐議》曰：夫司寇作典，建三等之制，甫侯修刑，通輕重之法，叔世多變，秦并重辟，漢因循之，大魏承襲，未革其弊，大逆之誅，不差已出之女者，誠欲絕惡類於一族，然法貴得中，刑慎過制，臣以為女人有三從之義，無自專之道，出適他族，還喪父母，降其服紀，所以明外成之節，異在室之恩，父母有罪，追刑已出之女，夫黨見誅，又隨異姓之戮，一人之身，內外受辟，男不衍禍於他族，女獨嬰罰於二門，非所以哀矜蒙弱，立法之本分也。今女既嫁，則為異姓之妻，如或產育，則為他族之母，此為元惡之所輕忽，戮無辜之所重，於恩則傷孝子之心，而興嫌怨之路，臣以為在室之女，宜從父族之誅，既醮之婦，使就夫家之罰，宜定齊科，以為永制。 |
| The Jin dynasty Cheng Xian's "Discussion on Women Who Marry Others and Are Not Held Accountable for Their Parents' Crimes" says: "The Minister of Punishment established the system, creating three levels of classification; Fu Hou revised punishments, establishing laws that differentiated between light and severe penalties. In later times, many changes occurred; the Qin dynasty combined severe punishments, and the Han followed suit. The great Wei dynasty inherited this practice without reforming its flaws. When a woman is executed for great treason, it does not matter whether she has already left her family—this was truly intended to eradicate evil within an entire clan. However, laws should be fair, and punishments must carefully avoid excess. I believe women have the principle of 'three obediences' (to father, husband, and son) and lack authority to act independently. Once a woman marries into another family, if her parents die, she reduces her mourning rites; this is done to clarify the distinction between external relationships and internal familial bonds. If a woman's parents commit crimes, it is unjust to pursue punishment against her after she has left home. If her husband's faction is executed, she would also suffer death as part of another family. In such cases, one person faces punishments from both sides—men do not bring disaster upon other families, yet women alone bear penalties in two households. This does not reflect compassion for the vulnerable and weak; it deviates from the fundamental purpose of establishing laws." Now, once a woman is married, she becomes the wife of another family; if she has children, she becomes their mother. To treat her lightly for grave offenses or to punish her severely without cause would harm filial piety and foster resentment. I believe that an unmarried daughter should follow the punishment of her father's clan, while a married woman should receive penalties according to her husband's household. It is appropriate to establish uniform regulations as a permanent system. | ||
| 27 | 刑法: | 【表】《晉盧諶理劉司空表》曰：臣聞經國之體，在於崇明典刑，立政之務，在於固慎開塞，典刑不明，則人情歷措，開塞乏慎，則逆節滋萌，竊見故司空廣武侯琨，在東皇帝擾攘之際，值群臣鼎沸之難，戮力皇家，義誠彌厲，躬統華夷，親受矢石，王彌授首於河南，呂朗面縛於滎陽，社稷克寧，鑾輿反旆，奉迎之勳，琨效忠之一驗也。琨授并州，屬承其弊，到官之日，遺戶無幾，荊棘茂於街里，豺狼居於府舍，既無句踐甲楯之卒，又無衛文共滕之民，當易危之勢，處難濟之中，鳩集傷夷，撫和戎狄，會遭京都失守，孝懷版蕩，群逆縱逸，充斥王畿，咸以為并州之地，四塞為固，東阻井陘，西限藍谷，前有太行之嶺，後有句注之關，琨抗辭厲聲，忠亮奮發，以為天子沉辱，而不隕身死節，言情則非所能安，言罪則不容於誅，遂乃鞠誓百姓，修繕甲兵，跋履山川，東征西討，以喪氣之眾，當天下嚴敵，蟣虱生於甲冑，鷰雀巢於帷幕，雖不能摧殄聰勒，且得據其心腹，琨破家為國之二驗也。琨乃稽民神之旨，通天下之意，唱上尊號，歸重聖躬，令南北萬里，若合符契，此又琨乃心本朝之三驗也。比未遇害，知匹磾必有禍心，唯恨不能效節於一方，上不得歸誠於陛下，辭旨慷慨，動於左右，聽其言者，莫能仰視，昔子囊垂終，道言城郢，古人稱之，以為忠貞，琨匪躬之操，義實茂之，此琨沒不忘國之四驗也。取亂侮亡，仲虺之遺言也。兼弱攻昧，隨季之善經也。匹磾之狹謀，踊躍一隅，無以自展，精卒勁騎，不得致力，以一人之身，妨一國之用，當今二賊未殄，方難尚殷，而使殊俗彊國，懷怨自相疑懼，非國家靜難之遠術也。伏惟陛下，以淑聖之姿，隆中興之緒，方將平章典刑，以序萬邦，而琨受害，悲哀冤痛已甚也。未聞朝廷有以甄論，昔壺關三老，訟衛太子之罪，谷永劉向，辯陳湯之功，下足以明功罪之分，上足以寤主上之懷。 |
| [Table] In the Jin dynasty Lu Chen's "Memorial in Defense of Liu Sikong," it says: "I have heard that governing a nation depends on upholding clear laws and exemplary punishments, while establishing political order relies upon carefully managing openings and blockages. If laws and punishments are unclear, people will be confused about proper conduct; if the management of openings and blockades is careless, then rebellious tendencies will arise. I secretly observe that the late Sikong Guangwu Hou Kun, during a time when the Son of Heaven was in turmoil and court ministers were in chaos, exerted his strength for the royal family with ever more resolute loyalty. He personally led both Han Chinese and non-Han peoples into battle, enduring arrows and stones firsthand. Wang Mi surrendered his head in Henan, and Lü Lang presented himself bound at Yingyang; thus the state was stabilized, and the imperial procession returned to its capital. His meritorious service in welcoming back the Son of Heaven is one clear demonstration of Kun's loyalty." Kun was appointed governor of Bingzhou, inheriting a region in decline. On his arrival, he found only a few remaining households; thorns and brambles grew on the streets, while wolves and jackals occupied government buildings. He had neither soldiers with armor and shields like Goujian nor people loyal as those under Wei Wen or Gong Teng. In such a precarious situation, amidst great difficulties, Kun gathered the wounded and oppressed, pacified the Rong and Di tribes, and coincidentally encountered the fall of the capital city when Emperor Xiaohuai was in chaos. Rebels ran rampant throughout the imperial territory. Everyone believed that Bingzhou's location, surrounded by natural barriers—blocked to the east by Jingxing Pass, limited to the west by Langou Valley, with Taihang Mountains ahead and Juzhu Pass behind—was a secure stronghold. Kun spoke out boldly, his loyalty and sincerity stirred; he declared that if the Son of Heaven suffered disgrace but he did not die for his principles, then neither reason nor guilt could justify such inaction. Thus, he rallied the people, repaired weapons and armor, traversed mountains and rivers, and launched campaigns eastward and westward. With a demoralized force, he confronted formidable enemies across the land; lice infested his armor, swallows nested in his tents. Though unable to completely destroy the enemy forces, he at least secured control of their core territory—this was Kun's second demonstration of sacrificing family for the state. Kun then heeded the will of both the people and heaven, communicated with all under heaven, proposed the imperial title, and restored reverence to the Son of Heaven. He united a region stretching thousands of miles north and south as if they were perfectly matched by fate—this was yet another demonstration of Kun's loyal heart toward his dynasty. Before his death, Kun knew that Pidi must have harbored evil intentions. He only regretted being unable to demonstrate loyalty in one region and failing to return his sincerity to Your Majesty. His words were full of passion and stirred those around him; none who heard them could look up without emotion. In ancient times, when Zinang was on the verge of death, he spoke of rebuilding Yingcheng—this act was praised by people as a model of loyalty and integrity. Kun's selfless conduct and noble sense of righteousness were truly outstanding. This is the fourth demonstration that even in death, Kun did not forget his country. "To attack chaos and humiliate the fallen" are the words left by Zhong Hui. "To ally with the weak and attack those in darkness" is a good principle from Sui Ji. Pidi's narrow schemes confined him to a corner, where he could not fully display his abilities. His elite soldiers and strong cavalry were unable to exert their strength. With one man's actions, the entire state was hindered. At present, two rebels remain unchecked, and difficulties are still abundant; yet allowing different customs and powerful states to harbor resentment and mutual suspicion is not a long-term strategy for national stability. We humbly beg Your Majesty, who possesses a virtuous and wise nature and is building upon the legacy of a renewed dynasty, to now establish clear laws and punishments in order to bring order to all nations. Yet Kun has suffered harm; his sorrow, injustice, and pain are already profound. We have not heard of the court making a proper judgment. In the past, three elders from Huguan petitioned on behalf of the Crown Prince Wei; Gu Yong and Liu Xiang argued for Chen Tang's merits. Their actions were sufficient to clarify distinctions between merit and guilt below, and to awaken the emperor's heart above. | ||
| 28 | 刑法: | 《晉殷仲文罪釁解尚書表》曰：臣聞洪波振壑，川無活麟，驚飆拂野，林無靜柯，何者，勢弱則受制於人，力微則無以自保，於理雖昧，可得而言，於臣寔非所敢論，桓玄之世，誠復驅迫者眾，於微臣罪實深矣。進不能見危授命，亡身殉國，退不能辭粟首陽，拂衣高謝，遂乃宴安昏寵，叨昧偽封，錫文篡事，曾莫獨固，名義以之俱淪，情節自茲兼橈，宜其極法，以判忠邪，鎮軍臣裕，匡復社稷，大弘善貸，紓一戮於微命，由三驅於大信，既惠之以首領，後引之以縶維，于時皇輿否隔，天人未泰，用忘進退，唯力是視，是以僶俛從事，自同全人，今宸極反政，惟新告始，憲章既明，品物思舊，臣亦胡顏之厚，何以顯居榮次，乞解斯職，待罪私門，違謝闕庭，乃心愧戀。 |
| The Jin dynasty Yin Zhongwen's "Memorial to the Ministry of Works on the Nature of His Crimes" says: "I have heard that when great waves surge through a valley, no living qilin can survive in the river; when fierce winds sweep across the fields, not even a single branch remains still. Why is this so? Because those with weak positions are controlled by others, and those lacking strength cannot protect themselves. Though I may be mistaken in my understanding, it is something that can at least be discussed. As for me personally, however, I dare not speak of such matters. In the time of Huan Xuan, indeed many were driven to desperation; as for a humble servant like myself, my crimes are truly grave." I could not advance to face danger and give my life for the country, nor retreat to refuse grain at Shouyang and resign in noble protest. Instead, I indulged in ease and comfort under false favor, accepted fabricated titles without shame, and failed to resist when Wen 篡 (Wen's usurpation) occurred—never once standing firm. Thus both name and righteousness were lost; my integrity and principles were entirely compromised. I deserve the harshest punishment to distinguish loyalty from treachery. General Yu, loyal to the throne, restored the state and greatly promoted mercy by sparing a lowly life like mine, offering three chances for redemption through great trust. First he spared my head, then later bound me with restraints. At that time, the imperial court was in disarray, and harmony between heaven and humanity had not yet been restored; I forgot proper conduct and simply followed strength where it lay. Thus I hesitated to act, aligning myself with those who preserved their lives. Now, as Your Majesty has returned to power and a new era begins, laws are clear once more, and all things yearn for renewal. How can I, with such shameless face, still occupy an honored position? I humbly request that this office be removed so I may await punishment in my private home, departing from the imperial court with deep regret and sorrow. | ||
| 29 | 刑法: | 《宋傅亮為劉毅軍敗自解表》曰：遂令犬羊內侮，兵纏紫極，聖朝肝膽，社稷幾殆，稽之典刑，罪不容宥，賴天祚有底，冢宰靈武，長蛇翦毒，醜類宵遯，今畿甸告寧，四封有截，臣元釁大責，既積朝野，桑榆之效，又無與立，而聖恩含宥，弛其徽墨，偏私之譏，既彰民聽，況可重荷岳牧之任，復當推轂之重。宋趙伯符以息舊犯罪乞解侍中讓軍表曰：臣識慚羊媼，慮闕日磾，致咎猖狂，初不自悟，形影相弔，心情喪恧，無宜復管司喉脣，作統連率。 |
| The Song dynasty Fu Liang's "Memorial on His Own Defense After Liu Yi's Military Defeat" says: "This has led to the humiliation of barbarians entering our borders, with armies surrounding the imperial palace. The loyal hearts of this holy dynasty were nearly lost, and the state itself was in grave danger. According to established laws and punishments, my crime is beyond pardon. Fortunately, Heaven's blessing brought salvation; the Grand Chancellor, with his divine martial prowess, cut down the venomous serpent, and these foul creatures fled into darkness by night. Now that peace has returned to the imperial capital and all borders are secure, I, who have long borne great guilt and responsibility both in court and among the people, can offer no late-day redemption or achievement worthy of recognition. Yet Your Majesty's grace forgave my sins, releasing me from punishment. My partiality and disgrace have already become known to the common people; how could I possibly bear again such a heavy responsibility as that of a regional governor or hold such an important position as a minister in charge of appointments?" The Song dynasty Zhao Bofu's "Memorial Requesting Resignation from the Position of Shizhong and Military Command Due to Past Crimes" says: "I am ashamed in comparison to Yang Ao, lacking even the caution of Ri Di. My reckless actions led to blame, yet I failed to realize my faults at first. Now I see only my own shadow for company; my heart is filled with shame and sorrow. It is no longer appropriate for me to hold a position as vital as that in the Ministry or to command troops." | ||
| 30 | 刑法: | 《齊孔稚珪上新定法律表》曰：臣聞匠萬物者，以繩墨為政，馭大國者，以法理為本，故定國釋之，聲著漢臺，元常文慧，績應魏閣，則皋陶之謨，指掌可致，杜鄭之業，鬱焉何遠，然後姦人無所逃其刑，惡吏無所窮其詐，如身手之相驅，弦括之相接矣。 |
| The Qi dynasty Kong Zhigui's "Memorial on the Newly Established Legal Code" says: "I have heard that those who shape all things govern with rules and standards, while rulers of great states take law as their foundation. Thus Ding Guo was renowned in the Han court for his legal reforms; Yuan Chang and Wen Hui achieved success under the Wei dynasty. The strategies of 皋陶 (Gao Tao) are within reach at one's fingertips, and the achievements of Du Zhong and Zheng Xuan are not far away. Only then will evildoers have nowhere to escape punishment, and corrupt officials no means to continue their deceit—just as body and limbs work together or a bowstring fits perfectly into its grip." | ||
| 31 | 刑法: | 《梁任昉為梁公請刊改律令表》曰：臣聞淳源既遠，天討是因，畫衣象服，以致刑厝，草纓艾韠，民不能犯，及淳德下衰，運距澆季，湯刑禹政，不足禁姦，九法三章，無以息訟，所以赭衣塞路，圄犴成市，凝脂已疏，秋荼非苦，姦吏為市，生殺並用，可為慟哭，豈徒一緒，夫肖貌天地，稟靈川岳，受體愛敬，髮膚為重，流矢影風，顧有憂色，而當妄加刳斮，金木為伍，且夫刻木不對，畫地不入，畏避若是，而動貽非命，王道為虧，良在於此，法開二門，為政之蠹，生殺多緒，誰其適政。 |
| The Liang dynasty Ren Fang's "Memorial on Behalf of Prince Liang Requesting Revisions to the Legal Code" says: "I have heard that when moral foundations are strong, Heaven's punishment is unnecessary; when laws and symbols of justice are established, crime naturally ceases. When people wear coarse ropes as sashes or dark robes with embroidered borders, they dare not commit offenses. But in later times, virtue declined, and the age became corrupt. Even punishments under Tang and Yu were insufficient to restrain evildoers, nor could the Nine Laws or Three Chapters stop disputes. Thus criminals filled the roads wearing red-dyed clothes, and prisons became like markets. The once-clear laws grew murky; harsh penalties no longer seemed bitter. Corrupt officials turned justice into commerce, wielding both life and death at will—this is truly heartbreaking! How can this be tolerated? Mankind was created in the image of Heaven and Earth, endowed with spirit from rivers and mountains, given a body to cherish and respect, where even hair and skin are precious. Even when an arrow flies or wind passes by, people show concern; yet now punishments such as carving flesh and cutting limbs are arbitrarily imposed, treating life as if it were no more valuable than metal or wood. Moreover, if one merely carves into a wooden figure or draws lines on the ground, people still fear to cross them—how much more so when real punishment is inflicted? To cause death through unjust rulings harms the Way of kingship; this is where true damage lies. Opening two doors in law—the gate of life and the gate of death—is a corruption of governance itself. With too many threads in matters of life and death, who can truly govern justly?" | ||
| 32 | 刑法: | 【書奏】《漢杜欽奏記於王鳳》曰：切見令曰：吏二千石告，過長安，謁，不分別千賜，今有司以為予告得歸，告不，賜告詔恩也。今告則得，詔恩不得，失輕重之差，又二千石病，賜告得歸，有故事，不得去郡，已亡者著令，傳曰：賞疑從予，所以廣恩勸功也。罰疑從去，所以慎刑，闕難知也。今釋令與故事，而假不敬之法，甚違闕疑從去之意，即以二千石守千里之地，任兵馬之重，不宜去都，將以制刑，為後法者，則馮野王之罪，在未制，賞罰大信，不可不慎，鳳不聽，竟免野王，郡國二千石病，賜告不得歸家，自此始也。 |
| [Memorial Presented] In the Han dynasty Du Qin's "Submission to Wang Feng," it says: "I have observed an edict stating that officials of the rank of two thousand stones, when passing through Chang'an on their way home after retirement, must pay homage and not be separately granted rewards. Now the responsible authorities believe that those who are granted leave may return home, but whether or not they receive a grant is considered an imperial favor." Now, if one is granted leave, they may return; but if not, it means the imperial favor has been denied—this neglects the proper balance of distinctions. Moreover, when officials of two thousand stones fall ill and are granted leave to return home, there is a precedent for this. Yet those who cannot leave their posts remain in place, while those already deceased have clear regulations. The classics say: "When doubt exists about rewards, err on the side of granting them"—this is done to broaden imperial grace and encourage meritorious service. "When in doubt about punishment, one should err on the side of leniency"—this is how we exercise caution with criminal justice; uncertainty is difficult to resolve. Now, by disregarding the existing edict and precedent and instead applying laws of disrespect, we have greatly violated the principle that in cases of doubt one should err on leniency. Officials of two thousand stones are responsible for governing vast territories and bearing heavy military duties; it is inappropriate for them to leave their posts. If such matters are used as a basis for future legal precedents, then Feng Yewang's crime was not yet established. Rewards and punishments represent great trust—this must be handled with utmost care. Wang Feng did not listen, and ultimately exiled Feng Yewang. From this time onward, officials of two thousand stones who fell ill were granted leave but could not return home to their families. | ||
| 33 | 刑法: | 《漢貢禹上書》曰：孝文皇帝時，貴廉絜，賤貪汙，賈人贅婿及吏坐贓者，禁固不得為吏，無贖罪之法，故令行禁止，海內大化，武帝始臨天下，尊賢用士，自見功大，遂從嗜欲，迺行一時之變，使犯法者贖罪，入穀者補吏，是以官亂民貧，盜賊並起。故俗皆曰：何以孝悌為，財多而官榮，使黥劓髡鉗者，猶復攘臂為政，俗之壞敗，乃至於此，今欲興至治，致太平，宜除贖罪之法。 |
| In the Han dynasty Gong Yu's "Memorial to the Throne," it says: "During Emperor Wen's reign, integrity was valued and corruption despised. Merchants, grooms-in-law, and officials who accepted bribes were strictly prohibited from holding office; there was no system of buying off crimes through redemption payments. Thus laws were enforced effectively, and great moral transformation occurred throughout the land. When Emperor Wu first ascended the throne, he honored virtuous men and employed scholars, believing his achievements to be great. He then gave in to personal desires and introduced temporary changes: allowing those who broke the law to buy their way out of punishment by paying fines or offering grain, and permitting such individuals to become officials through contributions. As a result, government became corrupt, the people impoverished, and bandits arose everywhere." Thus, the common saying became: "Why bother with filial piety or respect for elders when wealth brings honor and official rank?" Even those who had been branded, nose-cut, shaven-headed, or iron-collared still dared to raise their arms and take part in governance. How corrupt society has become! Now, if we wish to restore the highest order of rule and achieve peace and prosperity, we should abolish the system that allows crimes to be bought off with money. | ||
| 34 | 刑法: | 《漢張俊上書》曰：臣辜恩負義，自陷重刑，情斷意訖，無所復望，廷尉鞠遣，歐刀在前，棺絮在後，魂魄飛揚，形容已枯，陛下聖澤，以臣嘗在近密，識其狀貌，傷其眼目，留心曲慮，特加偏覆，喪車復還，白骨更肉，披棺發槨，起見白日，天地父母，能生臣俊，不能使臣俊當死復生，陛下德過天地，恩重父母，誠非臣俊破碎骸骨，舉宗肉爛，所報萬一。 |
| In the Han dynasty Zhang Jun's "Memorial to the Throne," it says: "I have betrayed Your Majesty's grace and violated my duty, bringing myself under severe punishment. My heart is broken, my will extinguished; I no longer dare hope for anything. The Ministry of Punishment has summoned me forward, with executioner's tools before me and a coffin behind. My soul is already scattered, my body wasted away. Yet Your Majesty's holy grace remembers that I once served in close proximity to the throne and recognized my appearance, pitied my condition, and showed special concern. You have returned my funeral cart, restored flesh to my bones, opened my coffin, and brought me back from death into daylight. Heaven and Earth, as well as parents, can give life—yet they cannot bring a dead man back to life. Your Majesty's virtue surpasses that of heaven and earth; your kindness exceeds even that of parents. Truly, not even the destruction of my shattered bones or the ruin of my entire family could repay you for one ten-thousandth of this grace." | ||
| 35 | 刑法: | 《魏鍾繇上書》曰：大魏受命，繼蹤虞夏，孝文革法，不合古道，先帝聖德，固天所縱，墳典之業，一以貫之，是以繼世仍發明詔，思復古刑，為一代法，連有軍事，遂未施行，陛下遠追二祖遺意，惜斬趾可以禁惡，恨入死之無辜，使明習律令，與群臣共議，出本當右趾而入大辟者，復行此刑，書云，皇帝清問下民，有辭于苗，此言堯當除蚩尤有苗之刑，先審問於下民之有辭者也。若今弊獄之時，訊問三槐九棘，群吏萬民，如孝景之令，其當棄市欲斬右趾者，許之，其黥劓左趾，宮刑者，自如孝文易以髡笞，能有姦者，率年二十至四五十，雖斬其足，猶任生育，今天下人少於孝文之世，下計所全，歲三千人，張蒼除肉刑，所殺歲以萬計，臣欲復肉刑，歲生三千人，子貢問，能濟民可謂仁乎。孔子曰：何事於仁，必也聖乎。堯舜其猶病諸。又曰：仁遠乎哉。我欲仁，斯仁至矣。若試行之，斯民永濟。 |
| In the Wei dynasty Zhong Yao's "Memorial to the Throne," it says: "The great Wei dynasty received its mandate, continuing in the footsteps of Yu and Xia. Emperor Wen's legal reforms did not conform to ancient principles. The late emperor was a sage whose virtue was granted by Heaven itself; he carried forward the traditions of the classics with unwavering consistency. Therefore, succeeding emperors continued issuing edicts, seeking to restore ancient punishments as laws for this age. However, due to ongoing military affairs, these reforms were never implemented. Now Your Majesty looks far back to the legacy of our two ancestors, regretting that amputation could prevent evil but lamenting the innocent who are condemned to death. You have ordered those well-versed in law and regulations to discuss with ministers and decide which cases originally deserving only foot amputation should instead be punished by capital punishment—these will now resume corporal punishment. The Book of Documents says, 'The emperor clearly questioned the people below, listening to their arguments against the Rong and You.' This means that Yao sought to punish Chiyou and the Rong tribes after first carefully examining the grievances of the common people." If, in today's corrupt judicial system, we were to summon the Three Paulownias and Nine Thornbushes—symbolizing high officials—and question all magistrates and common people as Emperor Jing once did, then for those now sentenced to public execution but who should instead receive right-foot amputation, this would be permitted. For those originally deserving branding, nose-cutting, left-foot amputation, or castration, we could follow Emperor Wen's example by replacing these with 髡刑 (shaving the head) and caning. Most evildoers are between twenty to forty or fifty years old; even if their feet were cut off, they would still be able to reproduce. Today, the population is smaller than in Emperor Wen's time. At minimum, this reform could save three thousand lives each year. Zhang Cang abolished corporal punishment and caused tens of thousands of deaths annually. I wish to restore physical punishments so that three thousand people may live every year. Zi Gong once asked: "Is it considered benevolence if one can save the people?" Confucius said: "What is this about benevolence? It must be sainthood indeed." Yao and Shun would still find it difficult. He also said: "Is benevolence far away?" "If I wish for benevolence, then benevolence is already here." If this were put into practice, the people would be saved forever. | ||
| 36 | 刑法: | 《晉劉頌上書》曰：古者刑以止刑，及今民於此，以刑生刑，以徒生徒，諸犯重亡者髡，過三寸，輒重髡之，此以刑生刑，加作一歲，此以徒生徒也。亡者積多，繫囚猥畜。議者因曰：不可殺，復從而赦之，此為刑不制罪，法不勝姦，民知法之不勝，相聚而謀為不軌，月異而歲不同，故自頃以來，姦惡愛暴，漸以滋蔓，日積不已，弊將所歸，識者不深思此故。曰：肉刑於名忤聽，忤聽孰與賊盜不禁，聖主制肉刑，還有深理，其事所得而言，非徒懲其畏剝割之痛而不為也。乃去其為惡之具，使夫姦民無用復肆其志，止姦絕本，理之盡也。亡者刖之，無所用復亡，盜者截其手，無所用復盜，淫者割其勢，理亦如之，除惡塞源，莫善於此，又非徒然也。此等已刑之後，便各歸家，父母妻子，共相養卹，不流離於塗路，創愈可役，上准古制，隨宜業作，雖以刑殘，不為虐棄，而所患都塞，又生育繁阜之道自若也。晉杜豫奏事曰：古之刑書，銘之鼎鍾，鑄之金石，斯所以遠塞異端，絕異理也。法出一門，然後人知恆禁，吏無淫巧，政明於上，民安於下。 |
| In the Jin dynasty Liu Song's "Memorial to the Throne," it says: "In ancient times, punishment was used to stop further punishment. But now, among the people, punishment begets more punishment; imprisonment leads only to more imprisonment. For those who repeatedly commit serious crimes and are shaved for exceeding three inches of hair growth, they are again subjected to shaving—this is how punishment breeds more punishment. Adding an extra year of labor is merely how imprisonment gives rise to further imprisonment." The number of escaped convicts continues to grow, and prisoners are crowded together in squalor. Commentators then say: "We cannot kill them, so we must pardon them again." This means punishment fails to restrain crime and law cannot overcome evildoers. When the people realize that laws are powerless against criminals, they gather together to plot disorder; each month brings new changes, and every year sees different forms of corruption. Therefore, in recent times, wickedness and violence have gradually spread like weeds, accumulating day by day without end—this is where the problem will ultimately lead. Yet few who understand this matter deeply consider its root cause. It is said: "Physical punishment may seem harsh to the ear, but which is worse—harsh punishments or unchecked thieves and bandits?" A sage ruler establishes corporal punishment for deep reasons. The matter can be discussed; it is not merely about deterring people through fear of pain. It removes the tools for wrongdoing, so that wicked people can no longer act on their desires. This is how one stops evil at its root—this is the ultimate principle of governance. Those who escape should have their feet cut off, so they can no longer flee; thieves should have their hands amputated, so they cannot steal again; those guilty of lewdness should be castrated—this principle applies equally. To remove evil and block its source is the best course of action, and this is not done in vain. After such punishments, these individuals may return to their homes and be cared for by parents, spouses, and children. They will not wander homeless on the roads; once healed, they can still work. This follows ancient precedents—according to circumstances, they are assigned suitable labor. Though physically impaired, they are not cruelly discarded. Moreover, this method blocks all sources of harm while maintaining normal population growth. In the Jin dynasty Du Yu's "Memorial on State Affairs," it says: "In ancient times, legal codes were inscribed on tripods and bells, cast in bronze and stone—this was how they prevented heretical ideas from arising and cut off alternative interpretations of law." When laws come from a single source, the people know what is always forbidden. Officials cannot engage in deceit or manipulation; governance becomes clear above and peace prevails below. | ||
| 37 | 刑法: | 《晉劉頌刑獄奏》曰：君臣之分，各有所司，法欲必奉，故令主者守文，理有窮塞，故使大臣釋滯，事有時，故人主權斷，主者守文，若釋之執犯蹕之卒也。大臣釋滯，公孫弘斷郭解之獄也。人主權斷，若漢祖戮丁公之為也。天下萬事，自非斯格，不得以出意妄議，其餘皆以律令從事，然後法信於下，民聽不惑，吏不容姦，可以言理，人主執斯格以責群下，大臣小吏，其局則法一矣。上古議事以制，不為刑辟，夏殷及周，書法象魏，三代之君，咸棄典常之妙鑒，而任微文之直準，非聖有殊，所遇異也。今論時孰弊，不及中古，而執平者，欲適情之所安，自託於議事以制，臣切以為聽言則美，論理則遠，至如非常之斷，出法賞罰，若漢祖戮楚臣之私己，封趙氏之無功，唯人主專之，非奉職之臣，所得擬議，然後情求傍請之跡絕，似是而非之奏塞，此蓋齊法之大准也。 |
| In the Jin dynasty Liu Song's "Memorial on Criminal Justice," it says: "There is a clear distinction between ruler and subject, each with their own responsibilities. Laws must be strictly followed; therefore, officials are to adhere to written regulations. When cases become difficult or blocked, senior ministers are entrusted to resolve them. Matters vary according to circumstances, so the sovereign holds ultimate authority for final judgment. Officials who stick rigidly to the text are like soldiers guarding against violations of imperial process—dutiful but inflexible." Senior ministers resolving difficult cases is exemplified by Gongsun Hong's judgment in the case of Guo Jie. The sovereign's final authority is demonstrated, for example, by Emperor Gaozu of Han executing Ding Gong. All matters under heaven, unless they fall within this framework, must not be subject to arbitrary interpretation or reckless discussion. All other affairs should follow the law and regulations strictly. Only then will laws gain credibility among the people; public opinion will remain clear, officials cannot engage in corruption, and justice can truly be spoken of. When rulers hold fast to this principle and demand it from their subordinates—whether senior ministers or minor clerks—the system remains unified under one legal standard. In the most ancient times, matters were discussed according to established principles without written laws or punishments. In Xia, Yin, and Zhou dynasties, legal codes and regulations were inscribed on wooden tablets for public display. The rulers of these three dynasties all abandoned the refined wisdom of traditional standards in favor of rigid interpretations of minor textual details. This was not due to differences in sainthood but rather because of different circumstances they encountered. Now, when discussing the flaws of our time compared to those of ancient times, some insist on fairness and seek to adjust laws according to what seems reasonable. They justify this by claiming it follows the principle of "discussing matters according to established rules." I firmly believe that while such arguments may sound pleasing in speech, they fall far from true reason. Matters involving extraordinary judgments—rewards or punishments outside legal precedent, like Emperor Gaozu's execution of a Chu official for personal reasons or his ennobling Zhao without merit—are decisions solely within the sovereign's authority and cannot be discussed by officials who merely carry out their duties. Only in this way can we eliminate traces of improper appeals based on emotion and block memorials that appear reasonable but are actually misleading—this is indeed the fundamental standard for maintaining legal order. | ||
| 38 | 刑法: | 《晉郭璞奏》曰：臣聞上古象刑而民不犯，中古明刑，以致刑措，故立刑以禁刑，立殺以去殺，重之以死，所以求其生，峻之以刑，所以輕其死，死由於法輕，生存乎法重，此亡防之成摽也。然則刑無輕重，用之唯平，非平法之為難，思在斷之為難，是以子皇行戮，刖者忘痛，釋之典刑，民無怨色，何者，積之於誠也。按癸酉詔書之旨，專為邊成，實之裔土，濟當時一切之用，非為經遠之法，亦是中夏全平之時，威御足指控制，故可得行之矣。欲役無賴子弟，驅不逞之人，聚之於空荒四維之地，將以扞固牧圉，未見其利也。且濱接鯨猾，密邇姦藪，退未絕其丘窟之顧，進無以塞其逋逃之門，五流三居，誠古之犯刑，論之於今，事實難行，且律令以跨三代，歷載所遵，未易輕改者也。是以刑法不專，則名幸者興，政令驟變，則人志無繫，子產患其如此，故矯先正議事之制，而立刑書之辟，皆所以弼民心而正群惑者也。 |
| In the Jin dynasty Guo Pu's "Memorial," it says: "I have heard that in ancient times, symbolic punishments were used and people did not commit crimes; in later antiquity, clear laws were established to prevent crime altogether. Thus, punishment was set up to stop further punishment, and capital punishment was introduced to eliminate killing. By making death a severe consequence, we seek life; by imposing harsh penalties, we make death seem lighter. Death arises from lenient law, while survival comes from strict law—this is the established principle of prevention." Therefore, whether punishments are light or severe depends only on fairness. It is not the law itself that is difficult to apply, but rather the difficulty in making just decisions. Thus, when Zi Huang carried out executions and amputations, those punished forgot their pain; when Shi Zhi enforced exemplary justice, the people showed no resentment—why? Because it was done with sincerity. According to the intent of the Gengyou edict, these measures were specifically for border regions and newly subdued territories, intended only as temporary solutions for immediate needs—not as long-term laws. This was also during a time when central China enjoyed complete peace, with sufficient authority to control distant areas; thus such policies could be implemented. To conscript idle and unruly youth, to drive those who cannot be satisfied into remote and desolate regions in the four directions, intending to use them as a defense for pastures and borders—this has not been seen as beneficial. Moreover, these areas border dangerous and treacherous people; they are close to dens of evildoers. Retreating offers no escape from their hidden strongholds, while advancing provides no way to block their paths for fleeing. The ancient system of banishing criminals in five categories to three designated regions was indeed a punishment of old. To apply this today would be difficult in practice. Furthermore, the laws and regulations have spanned three dynasties and been followed through many generations; they are not easily changed lightly. Therefore, if criminal law is not consistent, those seeking favor will rise; if policies change too frequently, people's minds become unsettled. Zi Chan was troubled by this situation and thus corrected the previous system of deliberating on matters case-by-case, establishing written legal codes instead—these were all done to guide public sentiment and correct widespread confusion. | ||
| 39 | 刑法: |
【啟】《梁簡文帝啟囚徒配役事啟》曰：伏以明慎三典，寬簡八刑，宸鑒每以垂心，國誥是焉攸切，臣比時奉敕旨，權視京師雜事，切見南北郊等處，並啟請四五歲以下輕囚，助充使役，優令聽獄官詳其可否，侮文之路自此而生，將恐玉科重輕，全關墨綬，金書去取，更由丹筆，愚謂宜詳五條，制以為永準。 又《謝邵陵王禁錮啟》曰：臣綸習近宵人，不能改過，屢犯明憲，三入刑科，昔繆彤掩扉，曹議著論，布衣兄弟，且相誡勗，以臣居長，終慚勸勵，仰負慈嚴，心顏戰讋。 |
| [Memorial] In the Liang Jianwen Di's "Memorial on Assigning Prisoners to Labor," it says: "I humbly submit that with clear and cautious application of the three principles, and leniency in the eight punishments, Your Majesty has always shown deep concern for justice. The state's decrees are urgent and precise. Recently I have been entrusted by imperial decree to oversee various matters in the capital city. I have observed that at both the southern and northern altars, requests have been made to assign prisoners under four or five years of age who commit minor crimes to assist with official labor duties. The emperor has kindly ordered judicial officials to carefully assess whether this is appropriate. However, from here arises a path for those who manipulate legal texts; I fear that the seriousness of judgments and the weight of punishments will be entirely determined by red ink strokes on documents. I humbly suggest establishing five detailed criteria as an eternal standard." In the "Memorial to Xie Shaoling Wang on Imprisonment and Prohibition," it says: "I, Lun, have long been close to wicked men and failed to reform myself. I repeatedly violated clear laws and entered the judicial system three times. In ancient times, Miu Tong closed his door in shame, while Cao Yi wrote essays on this matter. Even commoners and their brothers warned each other. As an elder brother, I have always felt ashamed for failing to encourage improvement; I have disappointed my parents' kindness and authority, and now feel deep fear and embarrassment." | ||
| 40 | 刑法: | 《梁任昉為王金紫謝齊武帝未皇太子律序啟》曰：臣聞化澄上業，草纓垂典，教清中世，艾服懲刑，自禮失宗周，俗反炎漢，張馮導其跡，賈杜浚其流，仲舒之得情，孔子之博約，故以義該往哲，盡美前王，而年世浸遠，篇牘訛誤，朽編落簡，見誣前淑，侮文擅議，取弊後昆，立不倚衡，遂均鴻毛之殞，傷足居憂，忘貽髮膚之痛，豈所以臨河永歎，合育最靈者也。伏惟陛下，施博天地，澤深禹湯，溫舒之策，優游虛授，衛展之議，寧失弗經，削秋荼之法，解凝脂之網。 |
| In the Liang dynasty Ren Fang's "Memorial on Behalf of Wang Jinzi, Thanking Emperor Wu of Qi for Not Appointing His Son as Crown Prince and Prefacing the Legal Code," it says: "I have heard that when virtue is clear in high office, even coarse sashes are treated with reverence; when education purifies society, even dark robes serve to punish wrongdoing. Since rites were lost during the Zhou dynasty and customs reverted to those of the Han, Zhang Feng set an example while Jia Du deepened its influence. Dong Zhongshu understood human nature, and Confucius balanced breadth with restraint—thus their principles encompassed wisdom from past sages and perfected the virtues of earlier kings. However, as time passed and records became corrupted or lost, decayed scrolls fell apart; the virtuous were wrongly accused, while those who manipulated texts made reckless interpretations, causing harm to future generations. Without a firm standard, they equated the fall of a feather with serious consequences, neglected their duty to mourn for others, and forgot the pain of harming even one's own flesh—how could this be considered a proper way to lament by the river or nurture the most precious of all beings?" We humbly beg Your Majesty: your virtue is as vast as Heaven and Earth, your grace deeper than that of Yu or Tang. You have generously granted positions without rigid requirements, like Wenshu's strategy; you have preferred to err on leniency rather than strictness in matters of law, following Wei Zhan's principles. You have abolished harsh laws sharper than autumn tea leaves and loosened the dense nets of severe punishments. | ||
| 41 | 刑法: | 《陳徐陵謝兒報坐事付治中啟》曰：夫拾金樵路，高士所羞，整冠李下，君子斯慎，兒報不能謹絜，敢觸嚴綱，右趾鉄繫，事允法科，左校論輸，實由恩宥，老臣過庭之訓，多謝古賢，折笄之杖，有愧前達。 |
| In the Chen dynasty Xu Ling's "Memorial Thanking for Mercy in Punishing His Son's Offense," it says: "To pick up gold on a path or gather firewood under a plum tree is a shame even to virtuous men; to adjust one's hat beneath a Li tree requires caution from gentlemen. My son, Bao, failed to maintain integrity and dared to violate strict laws. His right foot was bound in iron chains—this punishment followed legal precedent. Yet he was spared further imprisonment due to Your Majesty's mercy. An old minister like me has long neglected the teachings passed down by my father, falling short of ancient sages; I feel ashamed before those who upheld virtue with even a broken hairpin and a staff." | ||
| 42 | 刑法: | 《晉叔向與鄭子產書》曰：昔先王議事以制，不為刑辟，懼民之有事心，是故閑之以義，糾之以政，行之以禮，守之以信，奉之以仁，制為祿位，以勸其從，嚴斷刑罰，以威其淫，懼其未也。故誨之以忠，聳之以行，教之以務，使之以和，臨之以敬，蒞之以彊，斷之以剛，猶求聖哲之主，明察之官，忠信之長，慈惠之師，民於是乎可任使也。而不生禍亂，民知有辟，則不忌於上，並有爭心，以懲於書，而徼倖以成之，不可為矣。三辟之興，皆叔世也。今吾子相鄭國，作封洫，立謗政，制參辟，鑄刑書，將以靜民，不亦難乎。民知爭端矣。將棄禮而徵於書，錐刀之末，將盡爭之，亂獄茲豐，賄賂並行，終子之世，鄭其敗乎。 |
| In the Jin dynasty Shuxiang's letter to Zheng Zichan, it says: "In ancient times, our ancestors deliberated on matters according to principles and did not establish written laws or punishments; they feared that people might develop criminal intentions. Therefore, they guided them with righteousness, corrected them through governance, practiced virtue through rites, upheld trustworthiness in their conduct, and served all with benevolence. Positions and salaries were established as incentives for compliance, while strict enforcement of punishment was used to deter excess—this was done out of concern for the people's future." Therefore, they taught them loyalty, inspired them with exemplary conduct, instructed them in their duties, guided them toward harmony, governed them with respect, led them with strength, and made decisions with firmness. Still, they sought a sage ruler who was wise and discerning, officials of integrity, leaders of trustworthiness, and teachers of kindness—only then could the people be entrusted to serve effectively. If people knew the law, they would not fear authority and might develop ambitions to compete for power. If punishments are recorded in writing, evildoers may seek loopholes or take chances—this cannot be allowed. The rise of the three forms of punishment all occurred during later, corrupt ages. Now you govern the state of Zheng, establish boundaries and irrigation systems, set up mechanisms for public criticism, create three forms of legal punishment, cast written laws—hoping to pacify the people. Is this not difficult? The people now know how to dispute and compete. They will abandon rites and turn to written law for resolution, even over trivial matters like a pointed knife or the tip of an awl. Disputes and lawsuits will multiply; bribery and corruption will flourish together. In your lifetime, will Zheng not ultimately fall? | ||
| 43 | 刑法: | 【序】《晉杜豫律序》曰：律以正罪名，令以存事制，二者相須為用。 |
| [Preface] In the Jin dynasty Du Yu's "Preface to the Legal Code," it says: "Laws establish clear definitions of crimes, while regulations preserve systems for handling affairs. The two are mutually dependent and must be used together." | ||
| 44 | 刑法: |
《晉張斐律序》曰：律令者，政事之經，萬機之緯。 又曰：鄭鑄刑書，晉作執秩，趙制國律，楚造僕區，並述法律之名，申韓之徒，各自立制。 |
| In the Jin dynasty Zhang Fei's "Preface to the Legal Code," it says: "Laws and regulations are the warp of governance, the weft of all state affairs." It also says: "Zheng cast written laws, Jin established official ranks, Zhao created national legal codes, and Chu formulated administrative divisions. All these were descriptions of legal systems; followers of Shen Buhai and Han Fei each established their own regulations." | ||
| 45 | 刑法: | 【論】魏丁儀《刑禮論》曰：天垂象，聖人則之，天之為歲也。先春而後秋，君之為治也。先禮而後刑，春以生長為德，秋以殺戮為功，禮以教訓為美，刑以威嚴為用，故先生而後殺，天之為歲，先教而後罰，君之為治也。天不以久遠更其春冬，而人也得以古今改其禮刑哉。太古之世，民故質樸，質樸之民，宜其易化，是以中古之君子，或結繩以治，或象刑惟明，夏后肉辟，民轉姦詐，刑彌滋繁，禮亦如之，由斯言之，古之刑省，禮亦宜略，今所論辨，雖出傳記之前，天流東源不得西，景正形不得傾，自然之勢也。後世禮刑，俱失於前，先後之宜，故自有常，今夫先刑者，用其末也。曰禮禁未然之前，謂難明之禮，古人不能行也。按如所云禮嫂叔不親之屬也。非太古之禮也。所云禮者，豈此也哉。古者民少而獸多，未有所爭，民無患則無所思，故未有君焉。後民禍多，強暴弱，於是有賢人焉。平其多少，均其有無，推逸取勞，以身先之，民獲其利，歸而樂之，樂之得為君焉。夫刑之記君也。精其筋力，民畏其強而不敢校，得為君也。恐上古未具刑罪之品，設逋亡之法，懼彼為我，而以勇力侵暴，於已能與則校，不能歸奉之，明矣。且上古之時賊耳，非所謂君也。上古雖質，宜所以為君，會當先別男女，定夫婦，分土地，班食物，此先以禮也。夫婦定而後禁淫焉。貨物正而後止竊，此後刑也。 |
| [Essay] In the Wei dynasty Ding Yi's "Treatise on Punishment and Rites," it says: "Heaven displays its signs, and sages follow them. Heaven establishes the cycle of years." "Spring comes before autumn"—thus a ruler governs. "Rites come before punishment." Spring is valued for growth and nurturing, while autumn is honored for killing and harvest. Rites are praised for teaching and instruction; punishment derives its power from authority and severity. Therefore, Heaven first brings life and then death; a ruler governs by first educating and only later punishing. Heaven does not change the cycle of spring and winter over long periods; can human beings then alter rites and punishments from ancient to modern times? In the most ancient times, people were naturally simple and honest. Such a people could be easily guided; thus in later antiquity, virtuous men either used knotted ropes for governance or symbolic punishments to clarify justice. When Xia Hou introduced corporal punishment, the people gradually became more deceitful and cunning, leading to an ever-increasing number of laws and penalties—rituals followed suit with greater complexity. From this we may say that in ancient times both punishments were minimal and rites should have been simple as well. The arguments now being discussed, though appearing before transmitted records, are like the east-flowing river that cannot turn westward or a shadow cast by an upright object that does not tilt—this is simply the natural order of things. Later generations lost both rites and punishments to their original state; the proper sequence of precedence has its own fixed order. Now, those who prioritize punishment are using only the final resort. It is said that rites prevent wrongdoing before it occurs; to call this a difficult-to-understand principle, ancient people could not have practiced it. According to what has been said, this is like the rites concerning an aunt and uncle who are not blood relatives—difficult to practice in reality. This is not the rites of the most ancient times. What is referred to as "rites"—could it be this? In ancient times, the population was small and wild beasts were numerous; there was little to compete over. With no hardships, people had nothing to think about—thus, there were no rulers yet. Later, as disasters and troubles increased among the people, the strong oppressed the weak; thus virtuous men arose. They balanced the many and few, equalized what was abundant or lacking, took on labor while giving rest to others, and led by example. The people benefited from this and returned in joy—thus they became rulers. Punishment marks the role of a ruler. They refined their strength; people feared their power and dared not resist—thus they became rulers. It is likely that in the most ancient times there were no established categories of crimes or laws for fugitives. People feared others might act against them and use strength to invade and oppress; if they could match this power, they would resist; if not, they submitted—this was clear. Moreover, in the most ancient times these were merely bandits—not what we call rulers. Though the most ancient times were simple, there was still a way to establish rulers. At that time people first distinguished between men and women, established marriage, divided land, and distributed food—this was the beginning of rites. After husband and wife were established, then prohibitions against licentiousness were set. When property was properly assigned, theft ceased—this came after the establishment of punishment. | ||
| 46 | 刑法: |
《魏曹羲肉刑論》曰：夫言肉刑之濟治者，荀卿所唱，班固所述，隆其趣，則曰像天地，為之惟明，察其用，則曰死刑重而生刑輕，其所馳騁，極於此矣。治則刑重，亂則刑輕。 又曰：殺人者死，傷人者刑，是百王之所同，固未達夫用刑之本矣。夫死刑者，不唯殺人，妖逆是除，天地之道也。傷人者不改，斯亦妖逆之類也。如其可改，此則無取於肉刑也。且傷人殺人，皆非人性之自然也。必有由然者也。夫有由而然者，激之則淫，敦之則一，激之也者，動其利路，敦之也者，篤其質樸，故在上者議茲本要，不營奇思，行之以簡，守之以靜，大則其隆足以侔天地，中則其理可以厚民萌，下則刑罰可以無殘虐，民靜理則其化，為惡之尤者，眾之所棄，眾之所棄，則無改之驗著矣。夫死之可以有生，而欲增淫刑以利暴刑，暴刑所加，雖云懲慢之由興，有使之然，謂之宜生，生之可也。舍死析骸，又何辜耶，猶稱以滿堂而飲，有向隅哀泣，則一堂為之不樂，在上者洗濯其心，靜而民足，各得其性，何懼乎姦之不勝，乃欲斷截防轉而入死乎。 |
| The Wei Cao Xi Ruxing Lun (On Corporal Punishment by Cao Xi of the Wei dynasty) says: "Those who argue that corporal punishment can aid governance were first advocated by Xunzi and recorded by Ban Gu. When emphasizing their intent, they said it resembled heaven and earth, and was established for clarity; when examining its application, they claimed capital punishment was severe while lesser punishments were light. Their arguments extended no further than this." In times of order, punishments are strict; in times of disorder, punishments are lenient. It also says: "Those who kill shall die; those who injure others shall be punished"—this has been the common practice of all rulers, yet it still fails to grasp the fundamental purpose of punishment. Capital punishment is not merely for killing people; it removes heretics and rebels—it follows the way of heaven and earth. Those who injure others without reform are also akin to heretics and rebels. If they can be reformed, then corporal punishment is unnecessary in such cases. Moreover, injuring and killing people are not part of human nature's natural state. There must be a cause for such actions. When there is a cause for such behavior, incitement leads to excess while cultivation brings unity. Incitement means stirring desires; cultivation means fostering simplicity and sincerity. Therefore, those in power should deliberate on this fundamental principle, not pursue strange ideas, govern with simplicity, and maintain stability. If done well, its grandeur can rival heaven and earth; if moderately applied, it can nurture the people's nature; at a minimum, punishments will avoid cruelty. When the people are tranquil and orderly, they will be transformed. Even those who commit the gravest evils become rejected by society—once rejected, their refusal to reform becomes evident. Death can lead to life; yet some desire to increase cruel punishments for the sake of harsh penalties. When severe punishments are applied, although it may be claimed that this arises from a need to punish negligence, there is an underlying cause. To call such actions appropriate and justify them as promoting life—this is acceptable. To abandon the dead and dismember bodies—what guilt could justify this? It is like a banquet where all are seated to drink, yet someone in the corner weeps bitterly; then the entire hall becomes unhappy. Those in power should cleanse their hearts, maintain tranquility so that people's needs are met, allowing each person to attain their nature. Why fear that evildoers cannot be subdued? Is it necessary to cut off all possibilities and drive them toward death? | ||
| 47 | 刑法: | 《晉楊乂刑禮論》曰：覽眾所抵，精思構微，迭為先後，文若榮繁，翩然相反，豈彼繫未存厥中，嘗試稽之天地，考之人事，旁貫品物，綜覈彝倫，而刑禮之旨，可略言也。蓋刑禮之本，經緯陰陽，擬則乾坤，先王所以化民理物，興國濟治也。或者取證於春秋，有意乎尋本以綜末，然猶未離於先後，亦速難之始也。夫陰陽異制，化物則鈞，萬物本一，變而殊形，故王者去彼而適此，于此為生，而於彼為死，夫死者去此而適彼，於此為死，而於彼為生矣。禮生於讓，刑生於爭，讓者割己以與人，是刑加於己，而禮加於人也。爭者奪人以崇己，是刑施於人，而禮施於己也。由此言之，讓非純禮，爭非純刑也。慶賞以勸善，而為惡者懲，如有所懲，刑亦存矣。刑罰以懲惡，而為善者勸，如有所勸，禮亦存矣。故亡刑則禮不獨施，大道廢焉。則刑禮俱錯，大道行焉。則刑禮俱興，不合而成，未之有也。。 |
| The Jin Yang Yi Xingli Lun (On Punishment and Rites by Yang Yi of the Jin dynasty) says: "Surveying various cases, carefully considering subtle details, arranging them in sequence, their wording is as abundant as blooming flowers, yet they contradict each other. Could this be because those responsible have not preserved impartiality? Let us test it against heaven and earth, examine human affairs, broadly connect all things, and thoroughly verify the fundamental principles of rites—then we may briefly explain the meaning of punishment and rites." The fundamental purpose of punishment and rites is to regulate yin and yang, emulate heaven and earth. This was how the sage kings transformed people, governed things, built nations, and achieved good governance. Some may seek evidence in the Spring and Autumn Annals, intending to trace origins to understand outcomes. Yet they still cannot escape distinctions of precedence—this marks the beginning of confusion. Yin and yang differ in their systems, yet when transforming things they are equal. All things originate from one source but change into diverse forms. Therefore, the ruler moves away from yin to embrace yang; here it is life, there it is death. The dead move away from yang toward yin—here it is death, and there it is life. Rites arise from yielding; punishment arises from contention. To yield means to give up one's own interests for others—this is self-punishment, while rites are bestowed upon others. To contend means to take from others and elevate oneself—this is punishment imposed on others, while rites are applied to oneself. From this we may say that yielding is not purely an act of rites, and contention is not purely an instance of punishment. Rewards encourage virtue, while evildoers are punished; if there is punishment, then corporal penalties also exist. Punishments correct evil, while those who do good are encouraged; if there is encouragement, then rites also exist. Therefore, without punishment, rites cannot be applied alone—the great way would collapse. When both punishment and rites are properly arranged, the great way is realized. Thus, when both punishment and rites flourish together, they complement each other—there has never been a case where one exists without the other. 。 |
URN: ctp:yiwen-leiju/54