"Qin Xinshu": "Therefore, the prosperity of Qin, the heavy punishment of the law, the world shook; And its decline has caused people's resentment and rebellion at home. "
First, "The True Face of Lushan Mountain"
Since Shang Yang, Qin has been pursuing the political strategy of governing the country according to law. The rule of law made Qin strong and eventually unified China. However, the extreme cruelty and cruelty of the Qin law led to the "combination of evil and different" in the Qin Dynasty. Ochre, hue, auburn. In ancient times, prisoners wore red clothes, so they called sinners "clothes". The meaning of this sentence is that the prison is full of prisoners, just like a busy city), and the world is worried and resentful, and the people are alienated from each other (Han Shu Criminal Law Record). Therefore, the rulers of later generations are ashamed to associate with the "violent Qin", and historians are also secretive about the Qin law.
Qin law occupies an important position in the legal history of China, but people have known little about it for a long time. Among the historical documents handed down in the world, there are only some extremely scattered historical materials.
However, a modern archaeological discovery reveals the "true face" of Qin Law.
1975 and 65438+February, archaeologists in China excavated a batch of bamboo slips of the Qin Dynasty in Sleeping Tiger Land, Yunmeng County, Hubei Province, with a total of 1 155 pieces (80 pieces left), most of which were Qin laws and legal documents. They were copied by the tomb owner of a local official who worked in Qin State before his death, and recorded some legal provisions of Qin State from Shang Yang's political reform to the unification of the whole country (359 BC-265438 BC+07 BC) 100 years, mainly legal books at the end of the Warring States Period, with a total of about 40,000 words.
Although the legal provisions unearthed in Yunmeng are not all of Qin Law, they are the most systematic Qin Law discovered so far, which truly reflects some important contents of Qin Law. From Yunmeng Qin Bamboo Slips, the legal system of Qin State before reunification has been formed. After Qin Shihuang unified the six countries, he extended the original laws of Qin to the whole country, and used them as the basis for formulating a unified Qin law. Therefore, they can be regarded as the common law of the Qin Dynasty. Yunmeng Qin bamboo slips provide rich materials for studying Qin's legal system.
Second, several legal forms of the Qin Dynasty
According to the bamboo slips of Qin Tomb in Shuihudi and other historical documents, the legal form of Qin is as follows:
1. Legal provisions
Qin Statute Law was founded in Shang Yang's political reform. On the basis of Li Kui's Code, Shang Yang compiled the Law of Theft, the Law of Thief, the Law of Imprisonment, the Law of Arrest, the Law of Miscellany and the Law of Gathering (see Preface to the Law of Tang Dynasty). By the eve of Qin's reunification, the laws of Qin had already broken through the pattern of Shang Yang's "six laws", and the specific contents could be divided into more than 30 kinds, involving criminal law, civil law, administrative law and procedural law. Of course, there is no such clear distinction in law, mainly criminal law.
The Qin laws found in Yunmeng bamboo slips are:
The Land Law is a legal provision on maintaining rural social order, agricultural management and land tax collection.
The Law on Stable Gardens on the Raising, Management and Use of Livestock;
Jinbu law is about the management of money and property;
The Law on Closing the Market is about closing the market (the official in charge of the portal market);
The management of grain and grass warehouses in the Storage Law;
The Industrial Law is about the management of government-run handicrafts;
"Worker's Journey" is about production quotas, a government-run handicraft industry;
About "all workers" who send handicraft workers;
The law of defense is about corvee;
"Sikong Law" is about Sikong (an official in charge of land, water conservancy and engineering construction. Because of its multi-purpose project, Qin is in charge of the position of torture devices;
On the rank in the rank law;
Official appointment law;
The Law on the Dismissal of Officials is about the dismissal of officials;
The "effective law" of government property inspection;
The law of food spread is related to the food provided by the post station;
Miscellaneous Notes on Internal History is about internal history;
"Wei Za" is about Ting Wei's position;
Running scripts is about transferring documents;
"Belonging to the state" is the responsibility of belonging to the state (ethnic affairs management agency);
Tourism law is about lobbyists;
Law on the appointment of disciples;
Provisions on military service in China Labor Law;
Provisions on the collection of treasures in the Tibet Law;
Sima Law on Car Hunting is about the hunting of the imperial army.
"Cattle and sheep class" is about the management of cattle and sheep feeding;
The registration procedure of adult men in Fu Law;
"Tunpu Law" on border control;
Law on the arrest of thieves;
Provisions of the Garrison Law on recruiting and dispatching border guards;
Property Management Law (property, voice, property, capital);
In addition, what is recorded in the literature is a book on the handling method (Han Hui Di Ji).
2. Life, order, system and imperial edict
This is an interim order issued in the name of the monarch. After Qin Shihuang unified the whole country, he stipulated that the emperor "made a decree, and made it a letter." They are generally called "orders" or "imperial edicts". There is "Tian Ling" in Yunmeng Qin Bamboo Slips and "Book Burning Order" in historical documents. The monarch's orders are used side by side with other legal provisions and have the highest legal effect. The Yu Shu on Qin bamboo slips contains records such as "amending decrees", "legislating orders now" and "legislating orders now". This system, which takes the order of the monarch as the basic legal form of the country, embodies that the autocratic monarch holds the highest legislative power.
3. Interpretation of the law
That is, the official interpretation of Qin law in the form of question and answer. It includes the provisions and explanations of crime, penalty, the principle of penalty application and the litigation system.
When Qin was in Shang Yang, officials in charge of laws and regulations were set up in the imperial court and local counties, and they had the responsibility to teach people to know and abide by the law. People and other officials have the right to ask them about laws and regulations, and they must give clear answers. At the same time, the content of questions and answers should be written on a 1.6-foot-long "symbol". The left piece of the symbol is given to the questioner and the right piece is sealed. If the official in charge refuses to answer, once the inquirer commits a crime, the criminal responsibility of the official in charge will be investigated. The legal questions and answers in Yunmeng Qin bamboo slips belong to this kind of legal document. They are an important supplement to the law and an extremely flexible legal form, which is convenient to meet some special needs.
4. Provisions on trial standards and legal document procedures
This is a unified decree issued by the imperial court, similar to the later administrative law and procedural law. The seal diagnosis style in Yunmeng Qin bamboo slips belongs to this form. In addition to the general principles of hearing cases, the "diagnostic seal" also stipulates the procedures of on-site inspection, forensic examination and seizure of prisoners' property, guarding prisoners' families, retraction of confessions, interrogation and questioning, and the format of "books" (files) and so on.
From the above four forms, we can see that although the laws of the Qin Dynasty were not as neat and clear as those of the Han Dynasty (the record of criminal law in the Han Dynasty) and the Tang Dynasty (laws, decrees, cases and forms), the latter two forms had been initially conceived.
Third, numerous and cruel punishment methods.
1. Death penalty
According to the different execution methods, the death penalty in Qin can be mainly divided into the following categories:
Oblique head: after beheading the prisoner, hang his head on a wooden pole for public display.
Abandoning the city: public execution in the city center.
Chop: there are two kinds of beheading and waist cutting, with waist cutting being the most. Qin Yaojian is suitable for crimes such as "not telling on traitors" (not telling on and exposing "bad guys and bad things").
Car crack: by binding the head and limbs of the car, the limbs are torn in five directions, commonly known as "five horses dismembered." Sometimes, after being executed, criminals will be punished by splitting cars.
Qi: Also known as (Yinfu). Split the prisoner's limbs and execute him.
Slaughter: there are two kinds: one is to behead first, and then use the body to show the public; The second is to humiliate the public alive and then kill people.
Fixed killing: about to commit drowning.
Buried alive: also known as buried alive or buried in a pit. Is to bury people alive and execute them.
Strangle: To strangle a prisoner with a rope.
In addition to the above nine methods of execution, it is said that Shang Yang's reform also includes "chisel punishment, blackmail and heavy punishment" (Records of Criminal Law in Han Dynasty). The so-called gouge out may be to drill the prisoner's head and kill him; La threatened to kill the prisoner by cramping and pulling out the bone; The iron pot (yin fire, cauldron) is horizontal (through cooking), probably by boiling the prisoner to death with a cauldron.
2. Corporal punishment
There are four main types of corporal punishment: Fu (clear sound), Mo (musical art), Cuo (musical moon) and Gong. These are all instruments of torture handed down from the Xia, Shang and Zhou Dynasties, and they were widely used in Qin State and Qin Dynasty, which advocated severe punishment.
Torture: also known as ink punishment, it is to tattoo words on the prisoner's face.
Whipping: Cut off the prisoner's nose.
Gouge: cut off the prisoner's left and right feet, or toes. In Huan Kuan's "On Salt and Iron, All Saints" in the Han Dynasty, it was mentioned: "The foot was broken and the car was full."
Castration: that is, men cut off their genitals, and women are confined in the palace (that is, cut off their internal reproductive organs). According to Records of the Historical Records of the First Qin Emperor, the number of prisoners imprisoned in the Qin Dynasty "exceeded 700,000".
The above corporal punishment is often combined with imprisonment. For example, Qin bamboo slips mentioned that "it's a city load" (after being an infant, you have to engage in the work of repairing the city and building walls).
flog
This is beating the prisoner on the back with a bamboo board, which is a common punishment for minor crimes. There are many references to flogging in Yunmeng Qin bamboo slips, including "flogging ten", "flogging fifty" and "flogging a hundred people".
4. Imprisonment
According to the length of time served and the difference of labor, Qin set the following main prison sentences:
Cheng Dan: Cheng Dan is suitable for male prisoners, who are mainly engaged in the construction of cities and city walls. Maturity applies to female prisoners, who are punished with hard labor. Cheng Dan's prison term is generally divided into five years and four years.
Ghost pay: applicable to male prisoners, it is to force them to go into the mountains to collect firewood for the ancestral temple to worship ghosts and gods. The sentence is three years.
White Curse: This is the penalty for forcing female prisoners to choose rice (make it into a white curse) in the ancestral temple to sacrifice to ghosts and gods. The sentence is three years.
Scott: The same company, Scott, works for thieves. It forces male prisoners to work hard in remote areas while resisting foreign aggression. As for female prisoners, they bear a similar workload as Scott. The sentences are all two years.
The punishment is repeated: the punishment applies to male prisoners, who go to remote areas to guard the border or work. Reproduction is suitable for female prisoners, who mainly serve hard labor in the government. The term of imprisonment for repeated punishment is 3 months to 1 year.
H: This is a kind of imprisonment that only existed in the Qin Dynasty. The prisoner was sent to labor observation and defense. The punishment in Biscottes is lighter.
Li Xia: An official fit to commit a crime. The prisoner was sentenced to hard labor. This is also a punishment that only existed in the Qin Dynasty.
Male and female servants: this is a punishment for punishing prisoners or their families as official handmaiden. Male prisoners are called servants and female prisoners are called concubines. Male and female servants actually belong to life imprisonment, but they can be redeemed or pardoned through certain forms. This punishment is also called corpse collection or family registration.
Step 5 transfer punishment
This is a punishment for sending criminals to designated areas for hard labor and not moving back to their original places at will. This measure is often to prevent those who have not committed crimes but the rulers think it is possible to commit crimes.
6. tolerate punishment.
The punishment for Kun () is to shave off the prisoner's hair. Tolerance of punishment means shaving the beard and sideburns of prisoners.
7. Very good
This is a method of economic sanctions. Law enforcement agencies force criminals to pay a certain amount of money or valuables to the government, so that prisoners suffer certain economic losses, so as to achieve the purpose of punishing crimes.
8. redemption
The prisoner paid a certain amount of money to redeem his sentence. Of course, it is mainly bureaucrats and nobles who have the money to atone.
9. Sit together
If a person is guilty, the whole family, neighbors or related people will be punished together.
10. Family punishment
If one person is guilty, destroy his family. Family punishment sometimes involves father, mother and wife.
Deprivation of political rights or exile.
There are several kinds of punishments for deprivation of political rights, such as deprivation of title, abolition of title and reduction of membership. Taking a title is depriving you of your title. Abolish, that is, abolish the official position of criminals. Cutting a book is to remove the criminal's name from the book. Before Qin unified the six countries, there was also a criminal law to expel prisoners in Qin.
12. Punishment
This is a punishment for reprimanding and scolding criminals, which is widely applicable to officials who commit misdemeanors.
Fourth, the tradition of "rule of law"
Since Shang Yang's political reform, the rulers of Qin attached great importance to governing the country according to law and formed the tradition of "governing the country according to law" (Shang Jun Chen Shujun). Once the law is promulgated, no one, including the king, can change it at will, and everyone must abide by it. Here are two examples, which are very illustrative.
Once, King Zhao of Qin was ill in bed. After people knew about it, some people bought cows as sacrifices and prayed for Zhao Haoqi at home, praying for the gods to bless Zhao Haoqi's early recovery. Gongsun Shu, the minister, saw that the people were so popular with the monarch, and hurried into the palace to report to Zhao Haoqi.
Gongsun Shu thought that Zhao Haoqi would be happy to hear the news. After hearing the report, Zhao Haoqi not only didn't express the slightest happiness and praise, but accused those people of violating the Qin law. Originally, Qin was one of the few advanced areas that used Niu Geng during the Warring States Period. All the people in Qin cherish cows and have made corresponding laws to protect them. For example, the "Stable Park Law" stipulates that the government will arrange inspections on cattle breeding in April, July, 10 and the first month of each year. Reward well-fed cows and punish poorly-fed cows. Therefore, when Zhao Haoqi heard that the people actually slaughtered the cow, he was very unhappy and ordered: "Anyone who slaughtered the cow to pray for me will be fined two pairs of armor." Zhao Haoqi explained: "According to the law of Qin State, it is forbidden to kill cattle without permission. Killing a cow without permission and praying for me, of course, loves me, but it is illegal. If I ignore the law or change it, I will destroy the rule of law. Failure to establish laws is the cause of chaos and national subjugation. Therefore, it is better to punish everyone who kills cattle with two sets of armor to protect the prestige of the law and make the country invincible. "
After listening to these words, the subjects are more convinced to abide by the law.
Another year, there was a famine in Qin, and many people were deprived of food. At Hou's request, he proposed to Zhao to open five gardens in the palace so that hungry people could pick vegetables, acorns and millet to satisfy their hunger and survive the famine. Zhao Haoqi refused, on the grounds that the law could not be broken by famine. He said: "Qin law stipulates that people will be rewarded for meritorious service and punished for guilty. If the Five Gardens are opened today, people who are restless can get fruits and vegetables to eat, which will destroy the Qin law. It's a trivial matter to let hungry people eat vegetables and fruits, but it's a big thing to destroy the principle of rewarding merit and punishing crime. Therefore, it is better not to open five parks and obey the law. "
Five, Qin law and official management
When he was king, Xunzi visited the state of Qin. He was deeply impressed by the clarity of the official administration of Qin State. He said: "Its officials are afraid, disrespectful, frugal, sincere, respectful, loyal, faithful and not orange (orange, bitter sound), which means that the utensils are shoddy. The metaphor here is bad attitude), an ancient official. " Xunzi believed that Qin officials had the legacy of ancient good officials and respected them to the utmost.
Qin's good official management is closely related to its implementation of the rule of law. Among the Qin bamboo slips unearthed in Yunmeng Sleeping Tiger Land, 5 1 bamboo slips copied an article "The Way to Be an Official". This is probably a letter to admonish officials, or it may be a textbook for officials to learn. From the way of being an official, we can see the positive role of Qin law in official management.
"The Way to Be an Official" puts forward a set of code of conduct that Qin officials should follow: "Any way to be an official must be precise (clean) and correct, cautious and firm, cautious and aware of no (no) personal interests, subtle and meticulous, quiet and not harsh, and reward and punish when trying." These principles and requirements are specifically summarized as "five good" and "five loss". The so-called "five virtues": "First, Han (loyal) respects, second, refined (pure) sincerity does not slander, third, judging cases, fourth, being happy, fifth, being respectful and tolerant." The so-called "five mistakes": "First, praise, second, expensive, third, skillful, fifth, cheap and expensive."
Among the above requirements for officials, one of the most important is to ask them to strictly enforce and resolutely safeguard the laws of the landlord class, so as to "judge the facts without favoritism" and "reward and punish the time." The so-called "trial" and "trial" are both to conform to the legal norms of Qin State. In the language book (that is, the proclamation) published by Teng, the chief of Nanjun County in the 20th year of Qin Shihuang, recorded in Qin bamboo slips, it is clearly declared that whether to "make laws or not" is the standard to distinguish good officials from evil officials. Therefore, the rulers of the Qin Dynasty attached great importance to officials' handling affairs according to law.
Strict rewards and punishments are also regarded as an important method of "governing officials" (managing and controlling officials). Legalists advocate "being an official for one term" and then governing the people. Therefore, the rule of officials has become a very concerned issue for the rulers of Qin Dynasty. In order to be prudent in governing officials, special emphasis is placed on strict rewards and punishments. "The way to be an official" stipulates that if you can achieve all the "five virtues", you must be rewarded; And only one of the "five mistakes" is "guilty" and will die. It embodies the legalist thought of severe punishment.
In the provisions of the Qin Law, there are a large number of provisions on the assessment and rewards and punishments of Qin officials, and their scope is extremely extensive. Officials involved in agriculture, handicrafts, military affairs, finance, justice and administration. The "Qin Law" also specifically stipulates that officials at all levels should not only write and be familiar with the laws within the scope of their duties, but also check the criminal law with the officials in charge of laws in the central government every year. The repealed law shall not be continued, otherwise it will be guilty. For the criminal phenomenon in the region, it is not possible to find the official "incompetent" in time; Knowing that it is not cheap to punish it; Improper punishment is "loss of punishment"; Deliberately giving a light sentence for a felony or a heavy sentence for a misdemeanor is "incorrect"; Deliberately ignoring the crime or covering up the plot, so that the prisoner can be given a mitigated punishment, is a "longitudinal offender." No matter "loss of punishment", "injustice" or "imprisonment", it is regarded as a "great crime".
The rules of appointing officials, removing officials and removing disciples in Yunmeng Qin bamboo slips stipulate the standards and methods of selecting officials, the procedures of appointing officials, how to avoid and fill vacancies, the grades and treatment of officials, duties and obligations, assessment and rewards and punishments. It reflects that Qin's employment system has been highly legalized.
This basic spirit of implementing the rule of law for state officials throughout Qin bamboo slips fully embodies that a new landlord class regime once had a vibrant and enterprising side.
Six, the rule of law and absolute monarchy
The appearance of the thought of rule of law in pre-Qin period is synchronous with the appearance of written law. They grew up together and jointly promoted the establishment of absolute monarchy.
In 536 BC, in view of the social changes and the loss of the function of the old etiquette system, the son of the ruler of the State of Zheng cast the criminal law provisions on a tripod and published them, which was called "casting the punishment tripod" in history, which was the beginning of the publication of China's written law. Thirty-five years later, Zheng's doctor Deng revised Zheng's original law on his own according to the social situation at that time. And carved on bamboo slips, known as "bamboo punishment" in history. After Deng's death, "bamboo punishment" was adopted by Zheng. In 5 13 BC, the state of Jin also cast the tripod of punishment and published the book of punishment formulated by Fan when he was in power. Since then, Song, Chu and other vassal states have followed suit and formulated and published written laws. The Jurisprudence written by Li Kui during the Warring States Period was formed on the basis of summarizing and studying the criminal codes of various countries.
The promulgation of the pre-Qin written law embodies the requirements of the emerging new relations of production and the will of the emerging landlord class. Under the patriarchal clan system that emphasizes blood relationship, the law is hidden in the government and in a secret state. A few "hereditary" nobles monopolize the law, keeping people from understanding the legal provisions, so that they can replace the law with words at will. Making the written law public and "divorced from the law" not only restricted the arbitrariness of the judiciary, but also denied and deprived some political and legal privileges of the old aristocracy.
The "written law" deprived the nobles of their power, but concentrated the power on the monarch. According to the theory of Legalists, "a husband gives birth to a monarch, a law-abiding minister, and the law is for the people" (the monarch is the person who produces and formulates laws, his subordinates are law-abiding people, and the people are law-abiding people. ) (Guanzi Benevolence Law), since the law was born by the monarch, then "the monarch and his subjects all act according to the law" (Guanzi Benevolence Law), that is, the whole country can only obey the monarch.
Therefore, Han Fei, a theorist who epitomized the legalist thought at the end of the Warring States Period, pointed out that "those who ban the country with one hand can only win it" ("Nan San Han Feizi"), the monarch must govern the country according to law, and the law is the tool for the monarch to govern the country with one hand; If you master this "imperial tool", you can "dominate the world" (everything is enough).
In the history of China, the rule of law was formed with centralized absolutism. It has played a positive role in promoting the arrival of a new era.
Shang Yang's political reform inherited and developed the principles and systems established in Li Kui's Law Classics. In addition, the cultural tradition of Qin's patriarchal clan system is relatively weak, so although the appearance of Qin's written law is later than that of the eastern vassal countries, since Shang Yang's political reform, Qin's legal system construction has developed rapidly, becoming the most advanced and complete country ruled by law at that time, and promoting the establishment of a centralized country.
Qin Shihuang established a "unified" autocratic empire, and its autocratic tool was still law. Therefore, "Historical Records of the First Qin Emperor" said: "The sea is a county, and the laws and regulations are unified. I have never seen it since ancient times, and the five emperors are not as good as it. " Without this "unification of laws and regulations", there would be no "great unification".
Qin became the final winner in the middle and late Warring States period, and finally unified the whole world. In a sense, it is the victory of the rule of law.
Seven, the autocratic law and "can't"
However, the ancient laws and the rule of law in China are not omnipotent.
When the rulers of the Qin Dynasty used the rule of law to establish autocratic centralization and used harsh laws to force the people to strive to complete the great cause of reunification-at this time, the contradiction between the warlord regime and the people's demand for reunification was very sharp, which temporarily concealed the opposition and contradiction between the people and the rulers and their ruling tools-they won a great victory. But after the establishment of the Qin dynasty, the situation was different: at this time, the contradiction between the people and the rulers appeared; Especially the people of the former six countries, they formed an extremely complicated and subtle contradictory relationship with the rulers of Qin State. In the face of this reality, Qin Shihuang should save the punishment and light the corvee, so that the people can have an environment to engage in peaceful labor, rebuild their homes and ease social contradictions.
But Qin Shihuang didn't do it. Not only that, he also stepped up the implementation of harsh laws throughout the country, and tried to use this tool to force officials and people across the country to obey his personal will meekly. From this. The Qin dynasty came to an end step by step.
Qin Shihuang, who was carried away by victory, lost the "rule of law" style of previous monarchs in Qin Dynasty to restrain their desires, and turned the law into a tool for purely autocratic monarchs to express their desires. All officials and people must strictly abide by the laws he promulgated. But he himself can override the law, stay out of it, have the right to amend or abolish any law, have the right to replace the old law with any new law, and even kill countless people in a rage regardless of all laws.
The actions of Qin Shihuang and his son Qin Ershi exposed the inherent defects of Legalist theory of rule of law. For example, legalists mistakenly believe that the monarch is the representative of the national public interest, thus giving both legislative and administrative power to the monarch, leading to the independence of judicial power. A monarch who combines legislative, judicial and administrative powers. Once the selfish desires are indulged, the law will change from a "tool for governing the country" to a scourge that harms the world.
It is precisely because the law advocated by legalists is an autocratic law in essence, and its legal power comes from the power of the king (emperor), which makes their beautiful ideal of "ruling regardless of the law" (Han Feizi Xindu) not necessarily guaranteed under the authoritarian system, so Huang Zongxi, an enlightenment thinker in the Ming and Qing Dynasties, simply said: "It is impossible for three generations or less" (Interview with Ming Yi)
Eight, the cruel method of eliminating Qin: facts and lessons
The severity of Qin law has been described above. When Hu Hai II ascended the throne, he was crazy to seek his own self-interest through severe punishment. In order to keep the conspiratorial usurpation of the throne, he followed Zhao Gao's "more legitimate" suggestion. Therefore, "the criminal law is getting deeper and deeper, and all the ministers are in danger. Those who want to go ashore (rebel) are all" (Biography of Historical Records and Lisi). However, Hu Hai didn't wake up at all. In order to "act recklessly and enjoy human harmlessness for a long time", in order to "master Shen Han's art and practice the law" and "examine the supervisor's responsibility, he will be severely punished". Loyal to those who have killed many people. This has caused a terrible situation that "criminals are partners with Tao and the dead are piling up in the city".
In the hands of Qin Shihuang's father and son, the rule of law is brutal rule; The society ruled by law has become a big prison.
Can such a rule of law not be spurned by the people?
So, Chen Sheng stood up and said, "The world is suffering in Ku Jin!"
Three years after the peasant uprising in osawa, Chen Shengzai and Liu Bang entered Xianyang with a great army. He called a meeting of local heroes and fathers and said something similar: "Father and father have suffered from severe punishment and severe law for a long time!" " He immediately announced: "Make an agreement with the elders in three chapters: murder, wounding and theft." I learned how to get rid of Qin. "(Biography of Emperor Gaozu in Historical Records) Liu Bang's" Three Chapters of the Law "and" Excluding the Qin Law "deeply touched the local people. They enthusiastically supported Liu Bang for fear that Liu Bang would not be the king of Qin. This shows from one side how deep-rooted the people (including the local people in the former Qin State) hate the harsh laws of the Qin Dynasty.
A few decades later, Jia Yi pointed out in the New Theory of Qin that Qin flourished because of "complicated laws and heavy punishments" and died because of "complicated punishments and heavy punishments". Jia Yi saw the relationship between the rule of law and the rise and fall of Qin.
However, it needs to be further pointed out that the rule of law in Qin and its success or failure must be understood and grasped in connection with the specific background of the times. Apart from some vassal states in the Spring and Autumn Period and the Warring States Period, Qin is the only country ruled by law in the history of China. Its appearance is a unique phenomenon in the process of China society's transformation from enfeoffment system and patriarchal clan system to unified centralization of authority. The rule of law in Qin dynasty constituted a kind of "reaction" and destruction to the old system and its related ruling mode (rule by courtesy); It has played a positive role in promoting the new era. The problems are "taking and keeping are different skills" (Jia Yi language) and "winning the world at one stroke but not ruling it at one stroke" (Lu Jia language in Han Dynasty). Although the rule of law contributed to the birth of a unified autocratic empire, the new empire cannot be ruled and managed by the rule of law alone.
Experience and lessons were gained at the expense of Qin Ershi's demise.
After Qin Dynasty, the Han Dynasty took the rapid demise of Qin as a lesson and adopted the system of "Farewell My Concubine" (Hanshu Yuan Di Ji), and explored a set of ruling methods suitable for the unified empire.
From the rule of etiquette in the Western Zhou Dynasty to the rule of law in Qin Dynasty, and then to the use of etiquette and law in the Han Dynasty, history has moved forward step by step in the process of "spiral" rise.