There is no greater criticism than humiliation, and no greater sorrow than poverty. To stay in a lowly position for a long time, in a place of hardship, to be out of touch with the world and to be unf

There is no greater criticism than humiliation, and no greater sorrow than poverty. To stay in a lowly position for a long time, in a place of hardship, to be out of touch with the world and to be unfavorable to the interests of others, and to commit oneself to inaction is not the sentiment of a scholar.

There is no greater criticism than humiliation, and no greater sorrow than poverty. To stay in a lowly position for a long time, in a place of hardship, to be out of touch with the world and to be unfavorable to the interests of others, and to commit oneself to inaction is not the sentiment of a scholar.

The most vicious thing to curse someone is to say they are despicable, and the greatest sorrow is to be trapped in poverty.

Staying in a lowly position and poverty for a long time, often attacking the world and showing aversion to fame and wealth, and claiming to be quiet and inactive, this is not the cultivation of a scholar or a gentleman.

This is what Mr. Li Si, a politician in the late Spring and Autumn Period and Warring States Period, said. This is a very practical and realistic statement.

I think it makes sense.

Knowledge of worldly affairs is knowledge, and knowledge of human relations is article.

"Historical Records"

Text · Biography of Li Si

Li Si was a native of Cai in Chu. When he was young, he was a county official. He was frightened when he saw rats in the toilets of the officials' houses without food, approaching people and dogs. When he entered the barn, he saw the rats in the barn, eating and accumulating millet, living under the large veranda, and seeing no worries about humans or dogs. So Li Sinai sighed and said: "The virtuous and unworthy people are like rats, it depends on where they are!"

He learned the art of emperors from Xun Qing. After learning, it is not enough to save the king of Chu, and the six countries are all weak and have nothing to do, so they want to invade Qin from the west. He left a message to Xunqing and said: "I have heard that I am not idle when I hear it. Now when thousands of people are fighting, it is the wanderer who is in charge. Now the King of Qin wants to swallow up the world, proclaim himself emperor and rule, this is the autumn of the commoner who is galloping to achieve his goals. He is in a humble place. Those who are in a humble position and cannot do anything about it are like beasts and deer, but they are capable of force. Therefore, there is no greater criticism than being humble, and no greater sadness than being in poverty. , Trusting oneself to do nothing, this is not the sentiment of a scholar. Therefore, Si will tell the king of Qin to the west. "When he arrived in Qin, King Huizhuang Xiang died, and Li Si asked to be the minister of Qin, Wen Xinhou Lu Buweishe. Wei Xianzhi, Ren Weilang. Li Siyin Yide said that the King of Qin said: "Those who support others should go away. Those who achieve great success are those who tolerate shortcomings and provocations. In the past, the hegemony of Duke Mu of Qin never merged with the six kingdoms in the east, so why? ? The princes are still numerous, and Zhou's virtue has not declined, so the five uncles have risen one after another and have given more respect to the Zhou Dynasty. Since Qin Xiaogong, the Zhou Dynasty has been humble, and the princes have joined forces. Now the princes submit to Qin, just like the counties and counties. If Qin is strong and the king is wise, he can destroy the princes and become an emperor and unify the world. This will be done in a short time. When the princes regained their strength, they gathered together and agreed to follow him. Even though Huang Di was a wise man, they could not unite. "The king of Qin worshiped Si as his chief minister and listened to his plan. He sent counselors to persuade the princes with gold and jade. If the princes and celebrities are willing to offer wealth, they will be left generously; if they refuse, they will be stabbed with sharp swords. Leaving the plan of his monarch and his ministers, the King of Qin sent his good generals to follow him. The King of Qin worshiped Si as his guest.

Zheng Guo, a Korean man, came to Qin Dynasty to build irrigation canals, and then he was aware of it. The ministers of Qin's royal family all said to the King of Qin: "Anyone from the princes who comes to visit Qin is probably traveling to Qin for his master. Please drive away all the guests." Li Siyi was also in the process of driving away. Si Nai wrote a letter saying:

I heard that the officials were talking about expelling guests, and I thought it was too much. Ximu Gong asked for scholars, and he took Yu Yurong from the west, Xi Yuwan from the east, welcomed Uncle Jian from the Song Dynasty, and came to support Pibao and Gongsun from the Jin Dynasty. These five sons were not born in Qin, but Mu Gong used them, merged the country with twenty, and then dominated Xirong. Xiaogong used the method of commercial martingale to change customs, the people prospered in Yin, the country became rich and powerful, the people enjoyed using it, the princes personally obeyed, won the masters of Chu and Wei, spread the land thousands of miles away, and have made it strong to this day. King Hui used Zhang Yi's plan to seize the land of Sanchuan, merge Ba and Shu in the west, capture Shangjun in the north, capture Hanzhong in the south, encircle Jiuyi, control Yan and Ying, capture the danger of Chenggao in the east, cut off the fertile soil, and then dispersed the six The country's obedience led it to serve Qin in the west, and its merits have been achieved to this day. King Zhao won Fan Sui, deposed Ranghou, drove out Huayang, strengthened the public houses, eliminated private houses, cannibalized the princes, and made Qin an emperor. These four kings all use the guest's merits. From this point of view, how could the guest lose to Qin! To make the four monarchs stay away from each other and to sparse scholars but not to use them is to make the country not rich and profitable, and Qin not to have the reputation of being strong.

The jade that Your Majesty sends to Kunshan today is the treasure of Sui and Harmony, the pearl that hangs the bright moon, the sword of Tai'a, the horse that rides on the thin body, the flag of the green phoenix, and the drum of the tree spirit.

While out hunting one day, a pedestrian entered the forest. The second generation shot him to death. Zhao Gao taught his son-in-law Xianyang to order Yan Le to impeach the unknown thief and move him to the forest. Gao Nai admonished the Second Emperor, saying: "The Emperor steals and kills innocent people for no reason. This is God's prohibition. Ghosts and gods do not enjoy it. If Heaven brings disaster, we should stay away from the palace to avoid it." The Second Emperor lived in Wangyi Palace.

After staying for three days, Zhao Gao deceived the guards, who all obeyed Bing Neixiang, and reported to the Second Emperor: "A group of bandits from Shandong have arrived!" When the Second Emperor saw it, he was horrified and high He committed suicide because of the robbery order. When you introduce the seal and wear it, all the officials on the left and right will not obey; when you go to the palace, there are three people who want to destroy the palace. Gao Zhi knew that God had blessed him, and the ministers did not agree with him, so he summoned the younger brother of the First Emperor and gave him his seal.

After Ziying was in power, he suffered from it, so he claimed to be ill and refused to listen. He talked to the eunuch Han about the murder of his son Gao. Gao Shangye paid a visit and asked for illness. Because he was called in, Han Tan was ordered to assassinate him and barbarize his three tribes.

In the third month of Ziying's reign, Pei Gong's soldiers entered from Wuguan and arrived at Xianyang. All the ministers and officials were nearby and felt unwell. Ziying and his wife tied his neck together and lowered him to the side of the road. Pei Gong is an official. King Xiang arrived and beheaded him. So he destroyed the world.

Tai Shigong said: Li Si used Lu Yan to liaise with the princes and enter the Qin Dynasty. Because of his shortcomings and provocations, he assisted the first emperor and became an emperor. He was the three Dukes, so he was respected and used. It is known that the sixty-year-olds returned home and did not engage in bright government affairs to make up for the vacancy of the master. They held the importance of their titles and salaries, were shunned and tortured severely. The princes are already on their side, and they want to remonstrate and fight. Isn't it the end? Everyone was punished to death for being extremely loyal. Looking at the origin, it is different from the common theory. Otherwise, this achievement would be comparable to that of Zhou and Zhao.

Wherever the rat lives, people choose the right place. This is effective in intelligence, and he has achieved fame through meritorious service. Place the wine in Xianyang, and the ministers will be in the highest position. A man deceives and transforms into a magical weapon. The country is beheaded and killed, the origin is the same but the end is different.

Judgment in the Spring and Autumn Period and Conviction of the Original Mind

In the Spring and Autumn Period, the judgment of the prison must be based on its own affairs and original intention. Those who have evil intentions will not wait for success; those who are the first evildoers will be guilty of particularly serious crimes; those who are straightforward will be punished lightly. Therefore, when Chou's father is in charge of serving the family, it is not appropriate to hold on to Yuan Taotu. Lu Ji's son pursues Qing's father, while Wu Ji's son releases Helu. These four crimes are similar but different in nature. They all deceive the three armies, and they may die or not; they all kill the king, whether they kill him or not; he hears lawsuits and is imprisoned, but there is no trial! Therefore, if you break the prison, it will make the theory clearer, and teaching will help practice; if you break the prison, it will confuse the people, and it will hinder the teaching. Education is the foundation of government, prison is the end of government, and when it comes to matters in a foreign land, it has the same purpose. It must be followed, so a gentleman attaches great importance to it.

——Dong Zhongshu's "Spring and Autumn Dew·The Fifth Essence"

1.

The first sentence of this passage is translated as: "Spring and Autumn" decides the case In principle, the psychological motivation of the criminal suspect when committing the crime must be inferred based on the facts. Those with evil motives must be punished even if they attempt a crime; the culprits must be severely punished, while those who commit crimes out of good intentions must be given lighter sentences. This passage is the famous "Spring and Autumn" principle of "original conviction".

If we just talk about "original conviction", it is easy for modern people to understand. For example, if it is the same murder, it can be divided into intentional murder, manslaughter, legitimate defense, excessive defense, impulsive homicide, etc., but in "Spring and Autumn" is added before "original heart conviction", and the meaning is different.

"Strange Stories from a Chinese Studio: Examination of the City God" states that after a scholar named Song Tao fell ill, his soul left his body and went to the underworld to take the civil service examination, and he was admitted as a City God. The reason is that he wrote a sentence in "Shen Lun": "If you have the intention to do good, you will not be rewarded even though it is good. If you have no intention of doing evil, you will not be punished even though you are evil." (1)

"If you have the intention to do good, even though it is good, you will not be rewarded. "You do evil unintentionally, but you will not be punished even if you do evil." These sixteen words sound convincing and seem reasonable, but they are very difficult to operate: the city god may have the power to see through what the suspect was thinking at the time. But how can a living person have such great abilities? Then, when a case is judged by a living person, the suspect's motive can only be inferred from the ins and outs of the incident. This is what Dong Zhongshu said, "it must be based on the facts and the original intention."

Dong Zhongshu gave four examples of this principle: Pang Chou's father should be killed, Yuan Taotu should not be arrested, Lu Jizi pursued Qing's father, Wu Jizi spared Helu, these four people are guilty of the same crime. Different, because their starting point of "crime" at that time was different. Therefore, it is the same as deceiving the army, but there are those who should be killed, and there are those who should not be killed; it is also the same as regicide, but there are still those who should be killed, and there are those who should not be killed.

The principle of judging cases in "Spring and Autumn" is to deduce the psychological motivation of the criminal suspect when committing the crime based on the facts. Dong Zhongshu concluded that the underlying truth must be clarified when trying a case! Therefore, if the court is fair, the principles will become clearer and clearer, and education will be more and more implemented; if the court is unfair, people will increasingly weaken the concept of right and wrong. As a result, official propaganda will not educate the people about benevolence and righteousness. Regarding morality, the real world is teaching people the opposite truth. How can this world be so different? Education is the body of government, and criminal law is the purpose of government. They have different fields, but they have the same function, so they must not be contradictory to each other. They are also valued by gentlemen.

2.

The Spring and Autumn Jue Prison, also known as the "Jingyi Jue Prison", emerged in the middle of the Western Han Dynasty through the advocacy of Dong Zhongshu and the strong support of Liu Che, Emperor Wu of the Han Dynasty. "(Lu Bushu) held the Jiejie Envoy to the Huainan Prison... He corrected it according to the meaning of "Spring and Autumn", and the emperor thought it was right." ("Historical Records? Biographies of Scholars") "(He Chang) governed with leniency and peace, held unjust prisons, and punished those who were unjustly imprisoned. "Spring and Autumn" is based on the fact that there are no complaints in the county." ("Book of the Later Han? Biography of He Chang")

"The Spring and Autumn Period" is based on the "Micro Words and Great Meanings" in Confucian classics. Dealing with political and judicial issues. The reason why the term "Spring and Autumn Judgment" is used is that the main basis for deciding the case is "Spring and Autumn" written by Confucius, who is known as "the great man of righteousness" and contains "the legacy of the ancient kings" and "the ultimate humanity". " Sutra; secondly, it is inspired by the "Book of the Later Han·Ying Shao Zhuan" "The old Jiao (East) [West] Prime Minister Dong Zhongshu became old and ill and became an official. Whenever there was a political discussion in the court, several court officials Zhang Tang was sent to the alleys to ask about his gains and losses. , so he wrote the "Spring and Autumn Period Jue Yu" 232 things, which were compared with the classics and described in detail."

The prison-breaking cases related to Dong Zhongshu were compiled into ten volumes of "Spring and Autumn Jue Shi Bi" and were often cited in the judicial practice of the Han Dynasty. Until now, many of the original cases have been lost, and a small number of cases have been recorded in existing historical materials. There are five typical cases:

The first case. A has no son, so he chooses an abandoned baby as his adopted son B. When B grew up, he killed someone, and A hid B. According to the law at that time, hiding a prisoner would result in severe punishment. However, "Spring and Autumn" advocates that father and son can hide from each other after committing a crime. Dong Zhongshu believed that they had a father-son relationship, so A could not be convicted. Later, Tang law clearly stipulated that it was not a crime for father and son to hide from each other. (2)

The second case. A gave his son B to someone else. When his son grew up, A said to him: You are my son. As a result, B got angry and beat A twenty times with a stick. According to the law, beating the father is punishable by death. However, Dong Zhongshu believed that if A gave birth to a son and did not raise him personally, the relationship between father and son has been severed, so B should not be sentenced to death. (3)

The third case. The father got into a fight with someone else over a quarrel, and the other party stabbed the father with a knife. The son used a stick to save him, but he accidentally injured the father. Some officials believed that the son had committed a serious crime of beating his father and should be executed according to law. However, Dong Zhongshu, based on Confucius's point of view, believed that the son's motive was not to beat his father, so he should be exempted. (4)

The fourth case. A woman's husband unfortunately drowned in the sea while taking a boat, and his body could not be found for burial. Four months later, her parents remarried the woman. According to the law, a woman cannot remarry before her husband is buried, otherwise she will be put to death. Dong Zhongshu believed that a woman's remarriage was not lewd or for personal gain, so she should be exempted from crime. (5)

The fifth case. There was a doctor who went hunting with the king. The king shot a deer and asked the doctor to bring it back. On the way, they met a doe and they whined at each other. The doctor saw how pitiful he was and let the deer go. The monarch will be punished for violating his orders. Before he was punished, the monarch fell ill. Thinking that the doctor was kind-hearted, he not only exempted him from the crime, but also wanted to promote him. Dong Zhongshu believed that when the monarch hunted the deer, the officials did not stop it (it was forbidden to kill deer and other young animals in the Qin and Han dynasties, and it was forbidden to kill any animal in the spring), which violated the meaning of the Spring and Autumn Annals and was guilty; later releasing the deer was regarded as meritorious, and he could pardon. But promotion is undeserved. (6)

3.

"Hanshu·Xue Xuan and Zhu Bo Biography No. 53" records: "When Emperor Ai first came to the throne, Dr. Shen Xian gave Shi Zhong, who was also from Donghai. If you ruin the declaration and don't make offerings, you will wear mourning clothes that are thinner than your flesh and bones. If you were previously dismissed for being unfaithful and filial, it is not appropriate to be listed as a feudal lord in the court and province.

Now, if you hurt someone without doing any harm, and your ambition is not very evil but in line with the law, how can you call someone who steals and hurts someone? Will the law enforcers pass? Why do people never get tired of it! In ancient times, those who hurt others were punished, those who stole were punished, and those who killed were punished with death. Now, if you take someone's weapon to hurt someone, the crime is the same as murder, and the gain is nothing more than what you intended? "The conclusion of this paragraph directly points out the core principle of judging cases based on "Spring and Autumn": conviction based on the heart. That is to say: convict the criminal suspect based on the motive. If the motive is good but the behavior is illegal, he can be exempted from guilt. If the motive is bad However, if the behavior is legal, it should be punished and executed. Later, we generally did not say "condemned based on the heart", but "condemned based on the original heart". See He Xiu's note "Yin Gong". ": "Those who lift and ejaculate should be punished for good and evil at will. Those who desire are more good and more evil; those who have no choice are more good and less evil; therefore, their original intention is to condemn them. " (There is a distinction between Ji and Ji in Gongyang, "Ji is also Ji Ji, Ji is Ji Ji. Ji, I want it; Ji, I have no choice.").

Seven,

As far as the original intention is concerned, the ancients believed that "the original intention is condemnation, and exploration establishes feelings. Therefore, the dead enter the earth without resentment, and the living suffer without resentment." "("Book of Han·The Fifty-Sixth Biography of King He Wu Jiashi Dan") "The conviction of the original mind" seems to be no problem at first, but "who comes to the original mind" and "how to original the mind" are both big problems.

The academic community has always had a low opinion of the Spring and Autumn Period. Modern scholars Zhang Taiyan and Liu Shipei were the first to pioneer the trend. Zhang believed: "Dong Zhongshu alone was responsible for the Spring and Autumn Period, citing scriptures and appending laws. ,...The superior one can keep his technique secret so that it is difficult for the people to see it, while the inferior one can make the market through karma... "Liu Shipei pointed out: Quoting the scriptures to judge the prison is to "take similar words, the tunes match each other, keep the superior and inferior in mind, and it is convenient to dance the prose, the officials and the people are skillful, and the laws are different. Therefore, it is easy for cruel officials to commit crimes in order to benefit themselves."