If today s society adopts ancient criminal law, will it reduce the crime rate

The answer to this question is indisputable: even the adoption of ancient criminal law will not reduce the crime rate.

First of all, people are not born to sin, but are the product of the combination of objective environment and subjectivity. If we live in a society that is fair and just, where everyone abides by discipline and law, to be precise, everyone is equal before the law, and in which people are truly paid according to their work, compete fairly, and have great rewards for their ability, the crime rate will be low. In other words, if the current laws and regulations are strictly enforced, how many people will break the law?

What kind of person is it that you said will come out again in a few years? Of course, the sentence for minor crimes is less, and the major crimes can come out in a few years, what is the problem? Many Western countries do not have the death penalty, and do they have a high crime rate?

Since ancient times, the Chinese people have the idea of "not suffering from widowhood and uneven patients", which is also a major factor in the creation of uprisings. I studied hard here for more than ten years, and I couldn't find a job, and I was paid when I was born; I can't buy a square meter house for decades, but there are dozens of people who don't live in it, there is no dignity and no order, what is said upstairs, the ten tortures of the Manchu Qing Dynasty and the nine tribes of Zhulian? They rebelled everywhere, and were eventually driven out.

Of course, torture can deter some people and make them think more about the consequences before committing a crime, but it is a symptom rather than a cure. Orderly justice is the root cause of the problem. Fortunately, the government is now stepping up efforts to rectify the situation, so let's wait and see.

The above remarks are purely personal opinions, if there are any discrepancies, please correct.

Surely, it will definitely be reduced a lot, and under the effect of deterrence, many people who want to commit crimes will stop committing crimes.

However, with the progress and elevation of human civilization, the awareness of human rights has been continuously improved, human rights such as the right to life and the right to health have been more protected, and the judiciary is also abandoning barbaric, bloody and brutal punishments, which is a manifestation of human progress and a requirement for social development to protect human rights.

In modern times, some countries still have cruel laws and punishments, while others have abolished the death penalty and only carried out imprisonment, which can be sentenced to up to 100 years. However, most countries are still in the process of transforming towards human rights, humanity and civilization.

In the past, crime prevention was about deterrence and intimidation, but now it is about education, education, and guidance, so as to improve people's law-abiding level, so as to achieve the goal of reducing crime.

Huh .I just want to say that morality is the backing of the law, that is, with the ten tortures of the Manchu Qing Dynasty, what can you do in the face of a group of morally degraded brutal people? Leaving no stone unturned, not closing the door at night is not something that can be achieved by the legal system, but a moral uplift.

Perhaps we joked with our friends in private and said things like, "Your behavior was estimated to be divided by five horses in ancient times." This also reflects from the side that in our subconscious, we think that the ancient punishment was more bloody and cruel. Of course, this is not wrong, looking through the various tortures in history, it is terrifying to watch.

In the eyes of the ancients, it represents a kind of natural and supposed so. Because this kind of torture is not at all a luxury that ordinary people can ask for. In ancient times, capital punishment was given only for major crimes such as rebellion and treason.

For example, Yuan Chonghuan in the Ming Dynasty was sentenced to Ling Chi for treason and collaboration with the enemy, and the people at that time applauded, and some people even bought his meat and ate it. It can be seen from this historical event that the ancients did not think that such a Ling Chi was cruel, just like in our modern society, when a person kills someone and he is sentenced to death, no one cares about such ordinary things, and they all take it for granted.

Our current executions are generally by shooting, and in the future it may be a more civilized way of euthanasia. Perhaps in the future time and space, those people of the future will also think that our current punishment is too bloody and cruel.

The important systems of ancient Chinese criminal law that are compatible with contemporary society are the trial system and the punishment system.

The adjudication system of ancient Chinese criminal law focused on the independence and impartiality of judges, while modern society requires more attention to procedural fairness, the professionalization of judges, and the transparency of trials.

In ancient China, the criminal law had a rich penal system, including the death penalty, imprisonment, exile, fines, etc., while modern society emphasizes the rationalization and science of punishment.

Ancient Chinese criminal law is an important part of traditional Chinese culture and has gone through a long process of development. In contemporary society, in order to make ancient Chinese criminal law compatible with modern society, it is necessary to re-examine and interpret it according to the spirit and values of contemporary law.

Ancient Chinese criminal law is based on universal application, orderly provisions, and conducive to the coordination of personal relations, which has its own unique cultural connotation, and still has important value and influence in contemporary society.

The main principles of ancient criminal law:

1. Heavy leniency and light punishment.

That is, the principle that people treat others with mercy, show mercy, and prudently handle legal disputes with a forgiving attitude. Today's judicial decision may result in a lot of punishment for a particular person, but it will also take into account the actual situation of all sectors of society and the parties themselves, promote leniency and neutrality for the victims, improve their lives, and enable them to reintegrate into society.

2. Tolerance and compromise.

Under certain conditions, if the parties are willing to settle, both parties may adopt mediation or conciliation to handle the case, and will never impose penalties on the other party. This system is still widely recognized in contemporary society, and as stated in the current Code of Criminal Procedure, mediation and other methods can be applied according to the facts of the crime.

3. Reward and punish with grace and punishment.

In ancient China, punishment and reward were combined to warn against illegal behaviors, and rewards were rewarded for beneficial behaviors. <>

1. Western Zhou. and its previous ideas on criminal law: (1) Respect for heavenly punishment and advocate that criminal law represents the will of heaven. The philosophical basis of this thought is the Heavenly Daoist view of the induction of heaven and man. People are in awe of nature, so they have to bow down; And the rulers also recognized the pretense of heavenly might.

It is more effective to manage the state than to control the people only in their own ways (2) the use of both ritual and punishment, emphasizing the auxiliary role of criminal law. Etiquette and law are both means for rulers to govern the country, manage society, and control the people, both are a kind of behavioral norms, and both are backed by a certain degree of state coercion, but the roles and functions of the two are many different. The essence of etiquette is "different", that is, emphasizing the difference in rank, the so-called "the musician is the same, and the etiquette is different"; The essence of the law is "same", that is, it emphasizes the equality of use, and the so-called "punishment has no rank".

3) Emphasizing the educational role of the criminal law through punishment (4) The criminal law should be "medium" and pursue the fairness of the criminal law (5) Emphasizing subjective guilt with the original intention.

2. Criminal Law Thought in the Spring and Autumn Period and the Warring States Period (1) Legalist Thought on Criminal Law: Advocate written law and believe that the law should be made public; advocating that there is no hierarchy of punishment, and that the law should be equal; advocates the "queen of law", believes that criminal law should evolve with the development of generations, and opposes mud and ancient; He advocates the doctrine of heavy punishment, believing that only through severe punishment can the goal of "removing punishment with punishment" be achieved. (2) Confucianism.

The idea of criminal law: "moral master criminal auxiliary", "moral master criminal auxiliary" is the core of Confucian criminal law thought; Punishment before punishment, heavy punishment and light punishment; The punishment should be lenient and moderate (3) Taoist criminal law thought: human civilization.

Social progress is the source of all evil, and advocates a retreat to "the voice of the chicken and the dog."

In the society of "small countries and widows", the people and the old do not interact with each other", and even retreat to the chaos of nothingness (4) Mohist criminal law thought: In the theory of criminal law, it advocates fair law enforcement and impartiality, opposes the Confucian principle of "punishment is not inferior to doctors, and courtesy is not inferior to people", and does not approve of Legalism's strict punishment and heavy punishment.

Ancient laws began to be nationalized in the Qin Dynasty, and later state institutions were implemented according to this standard. For example, the Great Qin Law, the Great Song Law, the Tang Law, the Great Qing Law, and so on. These laws are actually more detailed and stricter than they are in modern times.

Burn the body with a red-hot iron;

Finger clipping, foot finger clamping;

plucking fingernails; Stick a bamboo stick between your fingernails;

The five horses run in the same direction with their heads and limbs in each direction (this is the split of the five horses);

A rope was tied around his neck and hung on a beam, and under it there was a loose plank, on which the man stood and as soon as the plank was loosened, the man fell and hanged himself when he strangled his neck (as if he had hanged himself).

Hopefully o(o

Cannon branding, potting, waist chopping, five horses splitting the corpse... Forehead...

It's cruel

Maybe we joked with our friends in private that your behavior like this would be estimated to be divided by five horses in ancient times. This also reflects from the side that in our subconscious, ancient punishments were more bloody and cruel, and of course this is not wrong.

Looking through the lessons of history and mutual trust, it is frightening to watch, ancient punishments, we seem to learn the reason, but because of the position and values of our current society, although the ancient criminal law represents some bloody and cruel.

For example, the five horses split the corpse, punish the nine clans, behead the waist, Ling Chi, etc., we seem to have no humanity, and the unreasonable blood type punishment represents a kind of natural and should be so in the eyes of the ancients, such a tone is not at all something that ordinary people can ask for.

For example, Yuan Chonghuan in the Ming Dynasty was sentenced to Ling Chi for committing the crime of treason and collaborating with the enemy, and the people at that time applauded, and some people bought their meat and ate it, as can be seen from this historical event, the ancients did not think that such Ling Chi was cruel, just like a person in our modern society killed someone, he was sentenced to death, no one cared about such an ordinary person, and took it for granted.

We are now executing the death penalty, usually by shooting, and in the future it may be euthanasia in a more civilized way, and maybe in the future time and space, when those people in the future look at us, they will also think that my current thoughts are too bloody and cruel.

In ancient times, our country was feudal and very strict with the people.

It is related, because our country belonged to the feudal society in ancient times, it was also harsh on people, so cruel criminal law would be used for more serious cases.

The ancient cultural level was backward, and the feudal ideology was deeply rooted, and the thinking was close to barbarism.

In ancient times, it belonged to a feudal society and did not know the principle of the supremacy of human rights.

At that time, it was a feudal society, the ideology was feudal, and the criminal law was naturally cruel.

There are relationalities. It may be that it was very demanding of people at that time.

In ancient times, it was a feudal yellow essence, so the requirements for people will be higher.

There is a little bit of a relationship, because the people at that time were unequal to a certain amount of feudalism.

It is related, after all, it was not a humane society in ancient times, as long as the criminal law is violated, the criminal law will be strictly served.

It has nothing to do with culture, it has something to do with feudal society and the ruling class.

When a person becomes the ruler of a country, he has the final say in everything, and there are no constraints, and he can do anything wrong to the common people.

The cruelty of the ancient criminal law lies mainly in the supreme ruler, and the most fundamental thing is in people.