As mentioned earlier, the core task of the "five-hearing" system, as a basic trial method in ancient times, is to obtain and distinguish the confessions of the parties (especially the defendants) through the "five-hearing", thus providing a basis for finding out the case. This paper summarizes several cases and briefly describes the types of five-hearing system, thus clarifying how to use "five-hearing" to judge cases in ancient criminal proceedings.
(A) color judgment
The so-called color judgment refers to judging whether there is abnormality by observing the expression and look of the parties, so as to find out the doubtful points of the case and provide clues for finding out the truth of the case. Judging a case by color requires the judge to deeply understand every subtle expression of the parties and keenly grasp the clues, thus laying the foundation for discovering the truth of the case.
Case 1: Xinxiang, Sima Houwei, Pingbei Prefecture, Bingzhou. There is a white wall, soldiers are happy, accused of being thieves, and officials are suspicious. "Item said, hypocritical sad face. The prison case is colored, call it! Adhere to the application. Don't wait a month to get a real thief.
Case 2: In the late Tang Dynasty, Confucius wrote two posts with the state and was in charge of Yimen military affairs. In Changyuan County, there are four extremely rich and lost thieves, and the thieves are caught by four poor people. Gaidu, Guo Congtao's husband, forged this prison with officials and prison codes, and the law should be abolished. Cloud thought for a moment and said, "This jailer is incredibly tall. Please step back and explain in detail. " Even if you move to the state prison, give the monarch a book. Dozens of people took bribes, four thieves were brought to justice and four poor people were rewarded.
In the first case mentioned above, Xin Xiang rehabilitated the unjust imprisonment because of "the prisoner has a sad color" and "persevered in grievances"; In the second case, Kong Xun was "repeatedly concerned" because the prisoner passed through the small wall, and was transferred to the state prison for questioning. The case was found out. By examining the color, we can find the doubtful points of the case, judge whether there are unjust, false and misjudged cases, and find out the facts of the case and expose and punish the crime through further investigation and evidence collection.
(2) Hearing and trial
Judging by listening to voices is based on psychology. According to the mental state of normal people under normal circumstances, judging the strangeness of a case by listening to the voices of the parties (such as crying) provides clues for finding out the truth of the case.
Case 1: Zhuang Zun, the governor of Yangzhou, once visited the headquarters and suddenly heard crying, fearing but not mourning. When he stopped the car, he replied, "My husband was killed by fire." Obey officials to protect their bodies. There is a rope in the first place, and the bun is regarded as a nail. Knowing that this woman killed her husband with someone else.
Case 2: Zhang Yong was sent to the head of Shangshu Town. Because he had been out of the lane, he was crying, but he was afraid but not sad, so he called him. As the saying goes, "My husband died suddenly." Is to pay salaries to officials who are poorly governed. Officials are familiar with it, but they can't see its key. And the wife and the teacher find a hair and have a test. Just look at it and see if there is a big nail trapped in its brain. Li Xi needs to sympathize with his wife and tell him to swim. The swimmer exhales, rewards the swimmer, asks him what he knows, and makes him do something to cover up his taste and hurt her husband. The coffin was regarded as a corpse, and the nail was still there, so it was sentenced to the city with the crying woman.
In case one, Zhuang Zun found something strange after hearing the cry of "fear of mourning", and found out the facts of the case through further investigation. In the second case, Zhang Yong also found the clue of the crime after hearing the cry of "no fear and no sorrow", and found out the criminal fact of killing her ex-husband from the "ability" of the official wife. Hearing voices has a certain psychological basis, because under normal circumstances, normal people's psychological state towards their loved ones should be that they are worried when they are sick, afraid when they die, and sad when they die. The cry of "fear without sadness" shows fear rather than sadness, which makes it possible to find clues to the case. Of course, only by obtaining other reliable evidence on this basis can we comprehensively and accurately identify the facts of the case.
(3) Oral judgment
The purpose of oral judgment is to identify the authenticity of the statements or confessions of the parties, thus providing conditions for further investigation and evidence collection and finding out the truth.
Li Zilun was robbed and killed by bandits in Ganzhou County. Zi made bad friends with his brother Li, suspected them and sued them. Discussion on the investigation of county magistrate in a city. Zilun bribed Qiu and arrested Li, Li, Li and his neighbors, a total of 15 people. Three thousand brothers falsely accused each other. A few days later, the inspection department won Zheng Kouding and other 16 officials. It was Li who took bribes from Zilun, followed by the settlement status. When applying to the Ministry of Punishment, Wu Shu Zhaige had doubts about the Constitution. Gaiweisi got Li's first payment, and there was no news about the appointment and others going together; The first money that the inspection department got from others did not have Li's name. At every interrogation, Li said that he was wronged and confessed. As a result, Zhao was named Dong Wei and Hu Mouwei of Ganxian County. A bunch of people tried to answer the lawsuit, which made them feel locked up and robbed and killed by others. The state and county officials joined forces with Guangnan, knowing that Zhao, Zaizhao and County Commandant Cheng joined forces with Guangnan, Pi Dongwei and Hu Mou were appointed, and Li Zilun robbed his home for five hundred miles, so he was exempted from his trip. Thirty-five stones in Li Heyong built houses outside the valley. I think this is sacred politics.
In this case, Wu Ge started with Li's initial confession recorded by the county commandant in the first instance, and there was no content of others' peers. The initial confession recorded by the inspection department also started with doubts such as Wu Liqian's name and was transferred to the county commandant for further trial, and finally found out the cause and effect of the case. It is not difficult to see the inner activities of the parties through their words. Therefore, verbal judgment is an important way to find clues of cases and judge the authenticity of evidence, so as to further investigate and collect evidence and find out the facts of cases.
(4) Reasonable judgment
The so-called rational judgment means that judicial personnel start with general human feelings and common sense, and reveal the deep reasons by exploring the unreasonable circumstances in the facts of the case, so as to find out the truth of the case.
Case 1: When Su Xun and Langzhong learned about Hengzhou, leiyang city citizens were killed by thieves, but the thieves were not found. The captain held a man hostage and called him a thief. When he was in doubt, he asked him what to do, saying, "The archer saw the clothes and grass with blood, and asked him to look at it so that he could offer it." Huan said, "Archers who saw the bloody clothes must have made contributions. Why should he call someone else? This must be a traitor. " Take it after listening. One day, the fruit was really stolen.
Case 2: Cheng Kun declared that he knew the state. One day, the scholars called their mother privately and said, "Now my mother is old and sick, and I'm afraid she won't live long. Please avenge her death. " Is to kill his mother, set up the enemy's door and sue his official. The enemy should not be self-evident, but should be suspicious. All the subordinates said there was no doubt. They said, "Isn't it suspicious to close the door after killing people?" It was pro-illegal treatment that made the original plan.
In the first case, the archer did not "take credit" after discovering the bloody clothes, but called others to confirm. Su Xun analyzed the reasons from the abnormal performance of archers, so as to find out the fact that archers framed others for taking credit. In the second case, Cheng Jian distinguished right from wrong and found out the facts of the case before and after the perpetrator did not move the body elsewhere, but placed it in his own house.
(5) Rational judgment
The so-called cause judgment means that judicial personnel reveal the doubtful points of the case by analyzing the general reason, that is, the attribute of the thing itself, and provide clues for correctly identifying the case.
Case 1: Prime Minister Zhang Sheng knew that there was a woman in Runzhou whose husband didn't come back for several days. Suddenly he heard that there was a dead man in the vegetable garden well, so he looked at it and cried, "So is my husband." So I heard that the official. The promotion of life belongs to the neighbor's collection, and it depends on whether the husband does well in the exam. It is said that the well is difficult to distinguish. Please come out and have a look. Sheng said: "Many people can't tell the difference. How does a woman know she is a husband? " The cashier asked him if the adulterer killed her husband, and he was curious about it.
Case 2: Li Dui's Book of History knows that in Dengzhou, a rich man tied his servant to death and strangled him in a well to solve the problem of self-overflow. "If you throw a well, it won't overflow," said Dunton. If it overflows, will you throw it into the well again? This must be accepted by officials and taught the rich not to listen. " The case has been filed, and sure enough.
In the first case, Zhang Sheng further found out the fact of his rape and murder through the fact that everyone could not identify the body in the well and a unique woman claimed that it was the irrational performance of her husband's body. In the second case, according to the fact that the body had ligature marks on its neck, Li Dui concluded that the case was homicide rather than suicide by using the rule of throwing into the well or overflowing from the well, so as to further ascertain the facts of the case.