【謝晶】足食足兵與不忍之心:一包養網心得清律中的盜與宰殺馬牛

作者:

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Food food and full soldiers and unbearable heart: The scourge in the Qing Dynasty and the killing of a horse bull

Author: Xie Jing

Source: Author Author Authorized Confucian Network, Originally published by “Central Nationality Journal” (Philosophy and Social Science Edition) 2022 Issue 4

 

Abstract: Animals such as horse cattle are the guarantee of the national food and foot soldiers in the traditional era. The codes and actual conditions of the past are strictly prohibited from slandering and killing. Although the relevant rules and theories since modern times have undergone grand changes, there are still many points that are connected between ancient and modern times. The Qing Dynasty ruler scattered cattle and animal owners also valued the scattered or mortal scattered. The reason why it is single-handed in addition to scattered and mortal scattered is that it was influenced by two true truths of the Tang and Song scattered and Yuan scattered at the same time. The law of killing cattle stops the killing of animals that include everything else and everything themselves, and the focus of its legislation is not “all rights”. There are differences in behavioral targets of animals such as slaughtering cattle, but the punishment for the two in ancient and modern times varies slightly. This is a disagreement regarding multiple reasons such as the crime level of the two behaviors and the need for ordinary prevention during the divergence period. With the goal of “enough food and sufficient soldiers”, the protection of cattle and other animals in the traditional era is generally a “unbearable” for animals, but in fact, it shows that it is “unbearable” for people themselves.

 

Keywords: Qing Dynasty laws; horse cattle and animal; slaughtering horse cattle; slaughtering horse cattle; sacrificial laws; maid law

Author introduction: Xie Jing, Ph.D. in law, associate professor at the Chinese Academy of Political Science and Law, and a young student who has been promoted to the capital.

Zi Zhuan asked for politics. Confucius said: “Enough food and enough soldiers, it is easy to believe it.”

 ——”Speech·Yuanjing”

 Revise people when they see their lives, they cannot bear to see their death; they hear their voices, they cannot bear to eat their meat.

 ——”Mencius: King Hui of Liang”

 

1. Propose a question: Why do you pay attention to cattle and animal products?

 

In modern law and practice from the East, “except for human bodies, all physical objects and natural forces that can be arranged by humans and independently meet the needs of human social careers” are “objects”. Animals are also objects and are animals, so whether in civil or criminal law, animals are treated as ordinary objects. [1] In the Chinese traditional era and this difference, some animals clearly listed in the law are not treated as ordinary objects. According to the examination certificate of the teacher Cheng Shude, “The Quluan said that the Hou did not kill the cow for no reason. This was a ban during the Zhou Dynasty, and Han specially controlled it carefully.” [2] “Salt and Iron Discussion” reads: “Therefore, those who are scattered will die, and those who are scattered will be added.” [3] “Huainanzi” Gao Zhi notes: “The national law prohibits killing cattle. People who are scattered by violating killing are scattered.” Although Yang Shuda, the teacher, said that this statement is unreasonable, “How can it be scattered by violating killing cattle?” [4] However, the unearthed documents have not been fully received.In the Qin and Han era, there were many laws that specifically stopped the slaughter of animals and the slaughter of murder. [5] and the evolution of the past has developed to the Qing Dynasty. In the “Qing Laws”, there were related “slaughter of horse cattle and animal husbandry” law (270-00) and “slaughter of horse cattle” law (233-00), which were different from the common “slaughter of slaughter” law (269-00) and “discarding of utensils and crops” law (098-00). [6]

 

The reason for this legislation was that Wang Liqi, the head teacher, pointed out: “The sage is a guarantee of ‘sufficient food and sufficient soldiers’.” [7] The Tang Law Commentary on the Confucianism said in a more detailed manner: “The official slaughtered the horses and the ox is the heavy use: the ox is the basis of farming, and the horse is to supply the army far away.” Because “It is used by the army of horses and cattle” and “divorces with the remaining animals”. Therefore, the animals touched by the “Salvation” chapter of the Tang Dynasty were limited to horses and cattle, and “there are some types of killing oxen, and those who do not farm in the country should be promoted to ordinary discussions.” The law of “the death of officials and privy horses” in the “Guan” chapter believes that the act of killing oxen is more important than killing oxen. [8] However, in the Song Dynasty, the remaining animals such as 材, 材, 材, 材, 材, and 材 also have the functions of “responsiveness to people” such as “responsiveness to the person”, [9] Therefore, they are also protected by the Naojin Code. From the beginning of the “地合” chapter, please state that the 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, 材, � [10] In the Yuan Dynasty, the animals that were exposed were horns, horns, horns, sheeps and pigs in addition to cattle. [11] In the Ming Dynasty, another step further expanded the scope, including horses, cows, horns, turtles, pigs, sheep, chickens, dogs, turtles, and ducks. [12] Qing and Ming dynasties were the same. And because “if you use your strength and lose yourself, you will be unkind”, [13] Even if these animals have been unable to achieve success due to their elder brother or weak body, the law will not be exempted from the responsibility of related injuries.

 

In summary, the special protection of traditional laws on animals/farmers is due to their distinction between ordinary objects: they possess life and can be effective in people, and are determined by these particularities with corresponding rules. There have not been many special discussions on these rules in the academic community today, and most of them are lyrics of the problems in the middle. [14] This paper specifies the basis of these later results, and uses the relevant rules and practices of the Qing Dynasty as wedges to make a holistic, legal perspective and a comprehensive and comprehensive guide to this problem.

 

2. To make a comment: Why does “popular cattle and animal husbandry” become a single law?

 

The “Big Qing Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws and Laws are divided into polite and mortals. In the fourth year of Daoguang (1824), Wang Supu’s case of exercising Mapi was followed by this law, “the first crime was to be punished.” [15] The following year, Wang Er and Huang Hu heard four horses from the scene, and according to this law, they also promoted the discussion, “There were more than 70 years of slaughter, one hundred rods [16], two years of slaughter, one year and a half, each rod was seventy and a half year of slaughter. [17]

 

Such rules make it difficult to solve at first glance. According to the “Explanation of the Eight Characters”: “Those who are the same as those who are actually offenders. … To make a comment, to remove the name and tattoo the name, the crimes are as high as those who are all subjects.”[18] Since these animals are all subject to slander or mortals’ comments, “the same as those who are actually offenders”, why should “extra one” be the only one that is the only one that is the only one that is the only one that is the only one that is the only one that is the only one that is the only one that is the only one that is the only one that is the only one that is the only one that is the only one that is used to directly deal with the law of the Tang, Song and modern laws directly into the original law of the slander (s) or mortals [19]? In reality, if you encounter both animal and other common goods at the same time, it is also a crime that is also a crime, and it seems that you cannot see the need to make a single law. For example, in the 19th year of Daoguang (1839), Tao Fu stole horses, clothes and other things and imposed a crime that followed the law, and more than 120 “suspended the weather and decided after autumn.” [20] Xue Yunsheng immediately criticized this law with the words “specially unreasonable”. [21]

 

So why is this legislation? The solution to this problem must start from the source of this law. This law is caused by Ming, [22], and the source of this law is the Tang and Song dynasties and Yuan dynasties. Regarding the harsh words of punishment and punishment, this law in the Ming and Qing dynasties is the same as that in the Tang and Song dynasties. The “Tang Law Commentary” and the “Song Zheng


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