(1) About the age of responsibility
Qin determined the age of responsibility by height. Qin came of age at 6 feet, equivalent to 15 years old, and began to serve, which became the limit of the age of criminal responsibility.
(2) From the content to distinguish whether there is guilt, the punishment in the pre-Qin period was mainly corporal punishment. (}
Language animal language: Ding only has five, 1u no one. A soldier punished by mankind
The second use of axe: a knife saw in the middle punishment, followed by an I-beam: a whip in the thin punishment. "
At that time, the main punishment was five punishments. What about its content? U.' "} J
Lu punishment "Ji people use the spirit to make punishment, but only for the punishment of five abuses."
Law, killing innocent people, love begins with the practice of nose L, Shenzhen and Zheng Kangcheng's mouth' o:
Ming! , breaking the moon. Nose l, cut nose. , break the yin. J "q" means training people. "
Punishment is also a stone: ink punishment belongs to hair, nose L punishment belongs to hair, not! Types of punishment
Five hundred, castration belongs to three hundred, monarch punishment belongs to one hundred, and five punishments belong to it.
Sanmao's "Mo Jing" here is the official note of "Etiquette Punishment, Etiquette Punishment":
Ink, practice also, carve its surface first, and dull it with ink. "Palace, also known as lewd,
Corruption. For example, in Lu Xun Shu, it is noted that officials are punished for lewdness, and two dead is also punished. "
Its method is male castration, female genital mutilation or claustrophobia, similar to 《 mankind
You will cut your head when you open it. It can be seen that whether it is nose L, ear L, edge or ink, nose L, uterus, not! , the great monarch, is to end life or limb to achieve the purpose of punishment.
The purpose of abstinence. This kind of punishment system based on "ending a meatless diet" spread to the early years of Yuan and Han Dynasties.
Continue to exist. History: At the beginning of sighing, although there were three chapters about the law, the net leaked.
The fish that swallowed the boat, however, made great progress, with the order of the fire clan. Lingkou: When?
One of the three families, sweating first, nose J, broken left and right i 1: (toe), should be killed, curled.
First of all, there are several cities in Gucci Boai. His exhortation cursed the bun, and then he broke his tongue first. therefore
It is said that it has five openings. "Han Xin and Peng Yue, both Khan, were punished for this." (1) Emperor Wu of the Han Dynasty.
The meat was officially scrapped when it was opened.
(3) Distinguish between intention and negligence
In Qin law, "negligence" is intentional and negligence is "misconduct". According to the "legal question and answer", A accused B of stealing cattle or killing people. If the accuser is intentional, it constitutes the crime of false accusation and frame-up. If it is not intentional, it is a false accusation. The crime of false accusation is much heavier than that of false accusation, which shows that the Qin law is also deliberately heavier and the fault is lighter.
(4) Joint crime
The so-called combined punishment for several crimes is the principle of combining punishment for several crimes in the case of combined punishment for several crimes.
(5) aggravating * * *
* * * Crime means that many people have committed the same crime and received the same punishment. The number of people who constitute * * * criminals varies from generation to generation. Qin colluded with more than five people, which constituted a crime of * * *. Criminals are more harmful to society, so the punishment is heavier.
(6) Surrender and commutation
The "surrender" in Qin Law is today's "surrender". It can be seen from the "legal answer" that there is a difference between "surrender" and "income" (capture). The punishment of "surrender" is lighter, and the punishment of "profit" is heavier, which embodies the principle of lighter surrender.
(7) falsely accused of sitting.
False accusation is called "false accusation" and "final accusation" in Qin law. It deliberately fabricated facts and sued others to the judicial organs, so that innocent people were convicted or minors were convicted of felony. According to the question and answer of the law, those who falsely accuse and frame up should be punished according to law, which is false accusation and frame up. In the Qin law, accusing others of committing a crime that is inconsistent with the facts but not intentional is called "prosecution without trial", and the penalty for prosecution without trial is generally two years.
Some scholars believe that the principles of criminal law in Qin Dynasty mainly include:
1. Distinguish between intention and negligence
2. Identify whether there is a sense of crime.
Surrender gently
4. Prescribe the limitation of punishment
The limitation of punishment refers to the legal effective period for investigating the criminal responsibility of criminals. The specific provisions of the Qin law in this regard are that criminals will not be investigated for criminal responsibility when committing crimes, nor will their families be implicated; Crimes committed before the pardon order is issued will not be investigated.
5. The deterioration of * *
6. Crime combination theory