Abstract: The Book of Shangjun was written by Shang Yang and his gatekeepers during the Warring States Period, and is one of the representative works of the Legalist School. It had a great influence on Legalists and military strategists in the late Warring States Period, especially in terms of legislation, law enforcement, and wealthy nations. It also has certain reference significance for the construction of a modern socialist rule of law society. One in the Book of Merchants has many different meanings.
Keywords: The Book of Lord Shang
I. Background of the Book of Merchants
Shang Yang was born in Weiguo, and his real name is Gongsun Yun. When Shang Yan was born, he was in the Warring States period when the vassals were competing for power. After Shang Yang went to Wei to serve Wei Guoguo ’s uncle, he was not reused in Wei State. Hearing the Qin State ’s intention to reform, he went to Qin State and was recognized by Qin Xiaogong as a rich country and strong soldier. The Qin State implemented a law reform. According to Qin State's current state of power, geographical characteristics, military strength, etc., Shang Yang formulated heavy farming, heavy war, heavy punishment and light rewards, strengthening the people and the people, encouraging the people, restraining the people, and suppressing the punishment. Transformative measures. The implementation of these reform measures gradually made the Qin Kingdom wide and sparsely populated. "Now Qin is five miles away, but the valley cannot be two;" it became a great country and a powerful country with a dominant position in the vassal hegemony. Sweeping Liuhe, pingbahuang, unified the world, laid a solid foundation. "The Book of Shangjun" is written by his disciples and Shangye. It systematically records the main ideas and contents of Shangye in the reform.
References and Developments of The Book of Merchants to the Book of Law, Wu Zi's Art of War, and Sima Law
"The Book of Shangjun" is not an idea of Shang Yang alone. It has a certain degree of reference and development for the thoughts of soldiers and legalists before Shang Yang. For example, influenced by Li Yan's "Book of Laws", Shang Yang inherited the idea of equal punishment by Shang Li. , Changed the traditional practice of not being a doctor, and implemented a policy of no hierarchy and heavy punishment. Regardless of whether he is a noble or a civilian, he will be punished after breaking the law. The second time, Taifu Gongzi was guilty of a law-breaking sentence. The "Book of Merchants" also absorbed the idea of "Feng Jun III accepting his lord, receiving rewards, retiring and punishing, and believing in faith" in Wu Qi's "Wu Zi's Art of War", and expanded it to a certain extent. There are many restrictions on the conferment of knighthood. Military title must be granted as the sole condition for conferring a knighthood, while military title must be maintained as a prerequisite. Regarding the current situation of many dukes and many duke doormen, a tax increase and strict system of servitude were formulated to force the duke to participate in labor and dismiss the doormen. For the fighters who have obtained the title, the battlefield must kill the enemy. Those who have not killed the enemy. The person with a slight plot lowers the title, and the person with a serious plot is sentenced to death.
After Shang Yang was cracked by a car, his gatekeepers also made certain additions to the Book of Shang Yang, such as the content of the section "Leimin". What happened was after Shang Yang was cracked by a car. The Book of Merchants also borrowed from the Sima Law to a certain extent. For example, in the book of Merchants, "to fight with war, although war can be; to kill to kill, although kill can also; to punish with punishment, although Severe punishment is fine. People who are not punished are good and the punishment is heavy. Those who are severely punished do not dare to commit crimes, so they are not punished. "And" Sima Law "," You can kill anyone, you can kill them; you can attack their country. " Love its people, you can attack; you can fight with war, although war can be. "The content is highly consistent. This kind of rhetoric also has a certain degree of similarity to the famous teaching that Gongsun Long's white horse and non-horse, and pay attention to their reputation. For example, in "The Book of Shangjun": "One rabbit walks, one hundred people chase it, not a rabbit can be divided into one hundred, because the name is undecided. The husband sells the rabbit to the market, but the thief dare not take it, and the name It is determined. "The purpose of this is to transform the battle of injustice into a battle of righteousness. The second is to turn unlawful killings into righteous killings, and provide an explanation in favor of oneself for strategic purposes.
A different meaning in The Book of Merchants
(A) one is universal one
One is one, one, one, long-lasting, unified; in terms of legislation, pay attention to oneness; abandon the thought of ruling the country represented by Confucianism, pay attention to governing the country according to law, legislation is long, and once the law is established, it cannot be often The change, "The rule of the Holy King is also prudent, lawful, and obsessed with one mind." The King ruled the country, focused on law, and practiced, so that the world would be in one heart. "If the tax is the same, the tax will be the same. The tax will be based on the output of grain. If the national policy is unified, the people will feel fair. After the people feel fair, they will have no difference. After that, they will have no difference. Hard work. Where this view overlaps with the current legislative mechanism, law is the norm for citizen behavior, and it is equal and just, not in accordance with the needs of the times, and cannot be easily changed.
In law enforcement, pay attention to one punishment, one reward, one religion. Unified punishment and education. "A saint is a kingdom, one reward, one punishment, one religion. One reward, the people are invincible. One punishment is ordered, and one religion is heard. The so-called one reward, Lord Lilu is out of soldiers, There is no difference. The so-called one sentencer has no punishment. Since the prime minister, the general, and even the doctor and the tartar, there are those who do not follow the king's order, violate the country's ban, and commit chaos. If it is too late, it will not be a penalty. If it is good, it will not be a loss. "All rewards come from military merit. All people must be punished for breaking the law, and their punishment will not be reduced because of the level of their posts, nor will they be defeated for their merits. Violating the law means breaking the law. As long as there are objective facts that violate the law, regardless of whether it is intentional or unintentional, you must bear the penalty, and do not recognize the existence of understanding and fault. This view of one sentence is also useful today. For example, Article 5 of the Constitution of the People's Republic of China stipulates that no organization or individual shall have the privilege to surpass the Constitution and the law. Article 4 of the Criminal Law of the People's Republic of China stipulates that crimes against any person shall be equal in the applicable law, no one shall have the privilege to surpass the law, and shall pay attention to the principle of equal treatment.
In governing the country, one is expensive. "If the state is one, the people should apply it." "If the old people are one, the family must be rich, and they can be found in the country. Those who can manage the country and the people can be strong, but those who can do what is necessary and ban the end are rich."; "One who governs the country is one of noble people, one of the people is simple, and the other is simple, and the farmer is easy to be diligent, and the diligent is rich." "; For a one-year-old man in the country, a ten-year-old strong. For a ten-year-old man, a hundred-year-old strong; For a one-hundred-year-old man, a thousand-year old strong;"
In terms of governing the country, a blueprint for governing the country and governing the people has been put forward. That is, the country can only have one kind of ruling thought, that is, the rule of law. State decrees and laws must not be changed from time to time, and coherence and consistency must be maintained. In terms of governing the people, "in the four realms, the husband and the woman are all famous, the living is the one, the deceased is cut off (marketing)". Through the household registration system and the method of sitting together, people have to live in the same place for a long time. Bondage and heavy taxation make people have to cultivate and reclaim wasteland every year. There is no other way to get rich and change their status except for labor and military achievements. For merchants, a positive evaluation has been given to a certain extent, and farmers, businessmen, and government officials have been placed on an equal footing, but in general, the idea of business suppression still exists. As stipulated in the "Reclamation Order", merchants are not allowed to buy or sell food, and the tax on merchants is increased.
(Two) one is different one
There is no hierarchy of punishment, no nobility, and no punishment. After punishment of the law, punishment is required, but people with different identities have different punishment methods. "Fa, Gao Jue and His Majesty. Gao Jue gave nothing to the servants of the Jue. Jue was lower than the second level, and the crime of punishment was degraded. Jue was lower than the first level, and the crime was punished; the doctor died. "For those who have a title, the crime is generally lowered by one rank, and for those with the lowest title, the title is abolished. Civilians who violate the law are executed directly. This kind of criminal law is a differentiated criminal law. For example, the prince violated the law and did not punish the prince, but punished the teacher's father-in-law and father-in-law Jia. On the one hand, it is recommended that there is no hierarchy of punishment. No matter who violates the law, punishment is required, but on the other hand, after the prince commits crimes, there are different treatments. Instead, the teacher who punishes the prince is instructed to replace the prince. One is a different one.
(C) One is a specific one
The thought embodied in the Book of Shangjun is a legal-only thought, governing the country according to law, governing the country and strengthening the country, emphasizing the ideology of the legalists and despising the ideas of others. "The sage is also governing the country, only one trial." One of them refers to the thought of the Legalists. In "The Book of Shangjun", criticize Confucianism, Confucianism, and Ranger doctrine, and do not recognize the positive significance of Confucianism, Confucianism, and other doctrines in social governance. They believe that Confucianism is the source of social calamity. The rhetorical argument is not the foundation of a strong country, and the ranger is an unstable factor in society. Criticism of Confucianism in The Book of Shangjun: Keep the ten chaotic, keep one rule. Ten: Refers to Confucian benevolence. And he called the twelve Confucian ideas of governing the country as "six lice:" said ritual music, poems, Xiushan, filial piety (悌), honesty, zhenlian, renyi, feifei, truce; It totally denied the positive significance of Confucianism in governing the country.
Disadvantages of The Book of Merchants
In The Book of Merchants, the importance of the people is recognized, and the goal is to build a country where all the people are soldiers, focusing on mobilizing the people's power, such as forming three armies, strong men for one army, strong women for one army, and old and weak for one army. . Strong men attack, strong women defend, old and weak are responsible for finding food. They have a clear division of labor, they cannot communicate with each other, and they pay attention to the role of the people in the war, but they still have the idea of longing for the Savior and longing for Mingjun. One is that due to historical limitations, too much reliance on Mingjun, the various laws and regulations in the Book of Merchants must be approved by Mingjun before they can be implemented. Secondly, the punishment is too heavy and the punishment is lightly rewarded. Promoted the formation of cool officials, encouraged the reporting system, so that people could not intersect with each other and be honest. "In its battle, the hundred generals, the leader of the Tun must not be the first, beheaded." On the battlefield, the general, the head of the Tun did not kill the enemy, then beheaded, focusing too much on military merit and killing the enemy, causing some officers and men to kill civilians for military merit and take the lead Military achievements. As described in the "Historical Records": "The greedy greedy is good, has no faith, and does not know the ethics and virtues." Describes the current situation after the Qin Dynasty reform. Third, the military strength is overemphasized. The main reason for building a military power and neglecting the cultural aspect has not allowed the country to fully develop in terms of civilization. The fourth is to use heavy punishment to obey the will of the ruler, and use crickets (broken feet), crickets (knees removed), crickets (nose cuts), chisels (penetration of iron nails), palaces and other corporal punishments to persuade the people to submit. Under power. Fifth, the idea of ignoring the people and administering the people. The peasants are ignorant of the people. Taxes are collected based on food production. People are not allowed to move around. They have a foolhardy policy and are not allowed to learn from their children. Status opportunity.
V. The Impact of The Book of Merchants on Later Generations
First, the county system and the household registration system have been in use to this day. The household registration culture has become a special East Asian culture and has been in use since the Qin Dynasty. The implementation of the household registration system has further strengthened social stability and people's adherence in the same scope of activity. The degree becomes higher. The second is to abolish most of the nobility's privileges, and increase taxes and bondage. As a result, the nobility had to participate in labor. In a short time, it promoted the economic reform of the Qin Dynasty, and caused subsequent changes, mostly from the nobility. Operate. The third is that Shang Yang passed the reform to make the Qin country strong, making it possible for the reform to be strong, and to provide a reference for future reforms. For example, in the Ming Dynasty Zhang Juzheng's Wanli reform, there was a shadow of Shang Yiyi.
Shang Yang's law reform also has some reference points. In terms of legislation and law enforcement, Shang Yang's idea of the rule of law without punishment has certain reference points. First, we must pay attention to the positive role of legal publicity in the construction of a society ruled by law, and expand the scope of publicity so that more people know and abide by the law. Second, in terms of implementation, the application of laws should be treated equally; in economic terms, attention should be paid to the circulation of goods and the active role of businessmen in social activities. In the military field, we must pay attention to mobilizing the people's strength. The whole people are united in one mind and the whole people are soldiers. The strength of the people cannot be defeated.
咸阳市渭城区人民检察院 闫剑刘志忠 编辑：祝长英 ） (Author: Xianyang City Weicheng District People's Procuratorate Yan Jian Liu Zhizhong Editor: Zhu Changying)
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