Q: What is said that ancient criminal law originated from soldiers?

Encyclopedic solution: Punishment begins with soldiers refers to the inseparable punishment from war, punishment here refers to criminal law, and soldiers refer to war. Later in clan society, punishment emerged as a violent means of constant deterrence, punishment and repression, initially only to punish hostile conquered and captives, and later to deal with internal members.

The so-called "great punishment with armor soldiers" means that the most lifeful punishment is to carry out military crusades. In addition, the fact that the punishment begins with the military also indicates that the person in charge of justice and military administration is in the same position.

It was decided that the ancient Chinese law was mainly based on criminal law, and mainly punished and suppressed, which was relatively severe.

Heavy criminal law over civil law. Lack of instruction.

I think the connection between China's legal popularization activities is that I pay more attention to public law than private law. There is also a strict law that mainly publicizes punishment and suppression.

So-called"Soldiers are also punished"It means that the soldier originates from the punishment, not the punishment originates from the soldier. Punishment is to punish the guilty, and the punishment to ordinary criminals is relatively simple, but to feudal lords like princes, they can only raise troops to fight, so-called"Hanging the people"That's what it means.

This kind"Soldiers are also punished"The concept prevailed in the feudal era, that is, in the third dynasty of the Xia and Shang dynasties, when most of the parties who started the war were put together"Bing"It is regarded as a means of punishing the enemy, so before the war, a document must be issued to accuse the enemy of the evil, and there is also a set of rules in the war, such as the two sides can only attack after they line up, and one side cannot be pursued after fleeing for a certain distance. This type of war is characterized by fewer dead people, and the purpose is to punish the other side rather than annihilate it.

But after the Warring States period, this concept changed radically, and war became a means of attacking cities and grabbing land, that is, the so-called"The highest form of politics"The purpose of war is to annihilate the enemy, and any means are unscrupulous, and at this time, soldiers and punishments are separated.

The founder of the ancient criminal law was a soldier among the hundred schools, so it is said that the ancient criminal law originated from the soldier.

Characteristics: Mean and unkind, such as the method of sitting.

Severe, cruel, such as corporal punishment, Dapi, there are the punishment of chiseling, stripping, and cooking.

Characteristic: It is a law established for rulers.

Understand that the punishment originated from the military rites and originated from the silver before the sacrifice and is as follows:

First of all, this sentence means that the earliest criminal law originated from military law, and the earliest rituals originated from sacrifice. Punishment began with soldiers, and ancient Chinese law originated from war, which was the ancients versus the ancient period.

Condensation and summary of historical facts. It reveals the intrinsic link between the origins of ancient law and the activities of wars and armies.

The ritual is the ritual of sacrifice.

It is from the Bronze Age of our country.

The cultural activities of worshipping heaven and earth and ancestors that began to rise originated from the customs of the ancestors to worship the gods, as early as in primitive society.

It already has its germ in the period. From the rise of the royal family, it is characterized by solemnity and has been passed down to modern times, so it is said that it originated from sacrifice.

Nature of Criminal Law:

Criminal law has a stronger class character than other laws. Criminal law, like other laws, is a product of class society, the ruling class.

The embodiment of the will. Moreover, criminal law, as public law, has a stronger class character than other laws (especially private law).

Criminal law has a social character. Criminal law is not only class-based, but also social, that is, it must safeguard not only the interests of the ruling class, but also the interests of the vast majority of people in society.

On the one hand, in a given society (including class society), the basic values of the members of the society, such as basic ethical and material values, are the same regardless of whether they are the ruling class or the ruled class. On the other hand, a stable order can be established in society only if the interests of the ruled class are protected (as long as they do not conflict with the interests of the ruling class), without which the political and economic interests of the ruling class cannot be realized.

Punishment begins with soldiers, punishment begins with soldiers, and punishment refers to the inseparable from war, and punishment here refers to criminal law, and soldiers refer to war. In the later period of the clan's society, punishment was developed as a violent means of constant deterrence, punishment, and repression, initially only to punish hostile conquered and captives, and later to deal with internal members. The so-called "great punishment with armor soldiers" means that the most lifeful punishment is to carry out military crusades.

In addition, the fact that the punishment begins with the military also indicates that the person in charge of justice and military administration is in the same position.

The center of fairness of protection is different: ancient criminal law mainly protects substantive fairness and ignores procedural fairness; In modern times, it's both.

Modern criminal law uses the concept of checks and balances in its enforcement, separating judicial powers.

Different types of punishment: ancient punishments were harsh, and there were many types of punishments, some of which were extremely cruel; Modern punishment is much more humane.

In ancient times, the trial structure was adopted, and the judge set the functions of investigation, accusation, and trial throughout his life, such as listening to prison lawsuits in five voices; Modern criminal law adopts the doctrine of authority, and entrusts the initiative of litigation to special state organs.

The meaning of "imprisonment" in the criminal law of the ancient Chinese Dynasty is that imprisonment is a punishment in which a criminal is deprived of his personal liberty and forced into hard labor. It is one of the five punishments in ancient China. "The apprentice is also a slave, and the slave is humiliated. ”

"Imprisonment" refers to the punishment method of depriving the offender of his personal liberty, imprisoning him in a certain place, and forcing him to work. A type of liberty sentence. As early as in the criminal law of slave societies and feudal societies, the penal method of imprisonment has appeared.

During the Shang and Zhou dynasties in ancient China, ancient Rome and Greece in Europe and the Middle Ages in Western Europe all had prison sentences and used as a punishment method.

Punishment is a type of punishment in the Qin law, that is, the imprisonment of the later generations of du, zhi is to imprison the criminal for a certain period of time and force it.

version is not entitled to compensatory servitude.

The penal system of the Qin Dynasty reflected the historical law of development, and gradually demanded that corporal punishment be replaced by liberal punishment. In feudal society, labor as a "thing" with use value is more and more recognized by the rulers. Rulers, because of the war and the need for luxury, also wanted to use a healthy and intact labor force to serve them, rather than the mutilated.

So the Qin Dynasty appeared to be punished, that is, to be sentenced.

Punishment is the punishment of forced labor (servitude) on the offender.

The punishments include: Chengdan and Chung. "Hanshu Huidi Ji" notes Ying Shao said: "Those who are in the city will start to govern the city".

That is, to get up early and serve the hard labor of building a city. That is, if a woman commits a crime and should be punished by the city, according to the physiological conditions, she does not go to build the city, but to serve the labor of the city.

Ghost salary, white rice. "Oni salary" means that male prisoners must go to the mountains and woods to cut firewood, while white rice is where female prisoners must choose rice to make it white, both of which are used to worship ancestral temples.

Si Kou, do like Si Kou. Si Kou, which refers to the Inspector Thief, that is, a male criminal who is forced to serve his sentence in a remote area to guard against foreign invaders; Female prisoners are like coles, and they are subject to the equivalent of co-ordination.

Punishment and rework. Punishment and repetition are the lightest of the punishments, and in remote areas male prisoners are forced to be guarded, and female prisoners are sent to government offices to serve a sentence of three months to one year.

Prison sentences in the Qin Dynasty:

Copy AChengdan, attack.

Cheng Dan, for men.

Bai offender, that is, a prison sentence that forced male offenders to build the Great Wall during the day. 舂, zhi is for female prisoners. Qin Dynasty based.

Dao physiological conditions, the female prisoners who should be guilty of the city are subjected to the labor of the prisoner's rations. Chung's sentence is the same as that of Cheng Dan. b.

Ghost salary, white rice. ghost salary, for male offenders; White rice rice, suitable for female prisoners. Ghost pay refers to forcing male offenders to go to the mountains and forests to cut firewood for the sake of worship at the temple.

Bai Chong refers to forcing female prisoners to choose rice to make Zhengbai for the purpose of worship in the temple. Both serve three years in prison. c.

Si Kou, do like Si Kou. Si Kou is to force male prisoners to serve in labor in remote areas, mainly engaged in defending against foreign invasions, and the sentence is two years. It is equivalent to a coward who is forced to serve a punishment equivalent to defending against the invasion of foreign coles, and the sentence is also two years.

d.Punishment and rework. "Punishment, which applies to male offenders, means that male offenders are forced to go to remote areas for a term of three months to one year.

Re-enactment, for female prisoners. It is to force female prisoners to serve in the government. Punishment and repetition are the lightest of the prison sentences, ranging from three months to one year.

Prison sentences are coming.

Imprisonment is a punishment that deprives the offender of his liberty and compels him to hard labor.

The prison sentences that had already appeared in the Shang Dynasty were inherited by the Western Zhou Dynasty and developed and perfected, forming a set of prison sentence management system. The Western Zhou Dynasty imprisoned the prisoners in the Yuantu, and "used the Yuantu to gather the religion and dismiss the people" "Zhou Li. Autumn Officer.

Si Yuan said, "All the people who punish the land do not lose their bodies; He will punish those who do not lose money." The Western Zhou Dynasty was sentenced to a term of imprisonment. Hope it helps.

Criminals are imprisoned for a certain period of time and forced to perform unpaid labour.

Hello, the way in which Chinese law arises from the punishment begins with soldiers.

It refers to the process of transformation from China's primitive society to a slave society, and it is also the process of continuous conquest by different clans and tribes. In fact, war itself is the greatest punishment, and the original punishment is applicable to the object of conquest. Later, with the differentiation of classes within the clan and the deepening of contradictions, punishment was gradually applied to those who violated internal etiquette, and punishment had the meaning of general social norms.