I. Punishment, tolerance, punishment, punishment and crime

Second, the punishment of crime-corporal punishment

Three. Labor detention

Fourthly, penalty-property penalty.

Five, the penalty of redemption-another kind of property punishment

Six, the capital crime-the death penalty

Punishment system

On the basis of following the pre-Qin penalty system, the Qin system has made new development and improvement. Its most prominent feature is that the scope of application of corporal punishment began to shrink, and the use of labor punishment and property punishment increased.

Life imprisonment is the death penalty that deprives criminals of their lives. Its execution mode is still very irregular, there are about ten or twenty kinds, and it is quite cruel, such as:

(1) There are five kinds of punishments, namely, the first kind of corporal punishment, such as rubbing face, licking nose and cutting toes. , and then killed with a cane, and then beheaded in public, bones chopped into meat sauce; Those who slander and abuse will have their tongues cut off.

(2) Ripping, that is, tearing the head, limbs and body with five horses.

(3) chisel, that is, the execution method of chisel head.

(4) Threat, that is, the execution method of rib pulling.

(5) Cooking in an iron pot means boiling people to death in a large pot.

Corporal punishment, that is, corporal punishment that mutilates the limbs and organs of criminals, is second only to the death penalty. The Qin regime basically retained the corporal punishment in the pre-Qin period, such as cutting off the left and right toes and castration, and often used it in combination with labor punishment, such as cutting off the left toe and thinking it was a city Dan.

Penal servitude is a term of imprisonment that restricts the freedom of criminals and forces them to engage in penal servitude. In Qin Dynasty, penal servitude was widely used. In many civil engineering constructions, such as the Great Wall, palaces, tombs, etc., there were a large number of penal servitude prisoners. At that time, there were many kinds of penal servitude, which basically formed a penal servitude system from heavy to light:

(1) Cheng Dan, Massachusetts. The male prisoner is Cheng Dan, who mainly serves hard labor such as building a city; Female prisoners are women, mainly serving meals and other chores. The second volume of Han Shu and Hui Di Ji quoted Ying Shao as saying: "If it is a city, it will be ruled; For those who are beaten, women are not afraid of the outside world, but they are beaten into a meal. "

(2) Ghost intercourse, white glaze. Male prisoners are paid as ghosts, mainly to chop firewood for the ancestral temple; Female prisoners are white, mainly to choose rice for the ancestral temple and so on. Ying Shao was quoted as saying in the Book of Emperor Hui of Han Dynasty: "It's a ghost's salary to pay a salary to the ancestral temple, and it's a waste to sit and choose meals."

(3) A servant or concubine should be punished as a government handmaiden. "Men are officials and women are concubines."

(4) Reconnaissance and waiting, that is, forcing prisoners to wait at the border to guard against bandits and thieves and alert the enemy.

A humiliating punishment is a humiliating punishment. The ancients thought: "parents dare not damage the body and skin." Filial piety begins. " Therefore, it is unfilial to damage the body and sideburns, and compulsory shaving of sideburns is a humiliating punishment for criminals. The humiliating punishment of the Qin regime mainly includes:

(1) punishment, that is, forced shaving of sideburns. Kun Bu: "Kun, shave your hair."

(2) Tolerance to punishment, that is, forced shaving of sideburns and keeping hair, is lighter than punishment. Anti-word books are made of sugar. Boolean: "You are not guilty."

Identity punishment is a punishment that deprives criminals of their official positions and titles. The names of the main criminals are:

(1) Abolish the punishment, that is, abolish the official record, expel the public office, and never use it again for life. (2) To seize the title means to cut off the title and deprive it of its privileged position.

Property punishment is the punishment of confiscation of property, and the main charges are:

(1) liquidated damages are fines for paying property or labor. "Shuo Wen Jie Zi Bei Bu" said: "Yes, the small penalty is also redeemed with money." There are many kinds of punishments, including cloth, shield, armor and defense. Cloth is a kind of currency, shield is shield, armour is armour, which refers to corvee and border guard, so there are fines, fines and penalties.

(2) Redemption of punishment, that is, redemption of the original punishment with copper, shield, armor and other property or forced labor, including redemption, relocation, redemption, palace redemption, death redemption and other names.

(3) No penalty, that is, the confiscated property belongs to the government.

Exile punishment is the punishment of forcing exiles to move to designated areas and not to move back to their original places without authorization, including different criminal names such as migration, migration and demotion. According to the reasons of exile and the nature of exiles, it can be divided into three situations:

(1) Guilty exile means that a criminal is directly sentenced to exile. For example, at that time, there was a regulation saying that "the Qin law, the guilty moved to it."

(2) Pardon exile, that is, the disposal of condemned prisoners after death. For example, in the twenty-sixth year of Qin Xiang (289 BC), "those who forgive sins moved"; Twenty-seven years, "people who forgive sins moved to Nanyang" and so on, all belong to this category.

(3) Exile without guilt, that is, the punishment imposed on those who threaten to rule or endanger society. For example, "Qin destroyed Korea and moved the unscrupulous people in the world to Nanyang."