The Retribution In The Position Of Chinese Criminal Culture

Utilitarianism cannot be criminal if the general public to accept the Chinese, the Chinese people accept the concept of retribution in criminal law, then such retribution is not a curse of God on the sub, it is not the kind of Kantian moral retribution, not to mention Hegel's legal retribution, but it is natural to accept a new ideology of retribution. This grew out of the idea of traditional Chinese legal culture, in essence, becomes the core of the current criminal culture.First thoughts of retribution have deep cultural traditions. "Book" Kun had a saying: "The trouble less charitable; product will be more than a poor family of calamity." Yin and Zhou existed in China since the phenomenon of ancestor worship. However, the formation of ancient Chinese thought the main reason for such thinking may be China has always been a big agricultural country, agricultural production is required for an intuitive, "All things are difficult reap" line of thinking, this is a non- change natural law of causality. As a civilization, from generation will begin to migrate to social laws of nature, the line into a "behavior - feedback" inevitable idea that the species due to be fruit. Coupled with the protection of patriarchal kinship, made clear his personal good and evil acts of people not only affects themselves, but also about the perils of future generations. Here we must emphasize that the early Chinese civilization, there is no "afterlife" concept, which in pre-Qin philosophers cannot be found in the various collected works, "the afterlife concept." A large number of ancient tombs buried with the dead man to the afterlife is not used, but the underground, so that the initial concept of retribution, only "that the past lives of people as good or bad fortune can be influential on subsequent generations". "All ethics are traceable to ancient farmer's neighborhood organizations, the exchange principle: In my question of you as you treated me. This 'interactive' is a Confucian social ethics in the question and answer basis as proposed by the" Confucian so, Taoism is also true, "Great Peace" volume fourteen of the eighteen to Volume III, "Solution negative for tactics" in the "mortal trip, or powerful to do good, too bad abnormal; or powerful evil, but have good. due to self- Definitely not for the saints are made. Do good but have evil is negative for the ancestors been, before and after disaster plot to harm the people. it was good against evil and who is the great merit ancestors had great savings to flow and the people. "that is both ancient Confucianism and Taoism, have established a simple logical relationship" behavior - the result, "this mode either be interpreted as" behavior must lead to results ", or interpreted as" the results followed act ", regardless of which interpretation is, all contain the same meaning: actions and results of the two elements are inseparable.Way to understand the criminal penalties, it becomes intuitive and concrete, which does not require the kind of complex moral presumption of Kant, Hegel, the set does not require the maintenance of law and justice rhetoric. Therefore, the complexity of the ancient Qin Dynasty numerous criminal law, to the public understanding of and compliance with a great deal of trouble and inconvenience, severe penalties and no long-term stability to the Qin Dynasty society.I have the most stress is to examine capital punishment sentence is not just because it was part of the deal, but the penalty should be emphasis on the implementation and operation in practice most people that part of the criminal penalties. Here we do not want to emphasize the function of law Qin, Qin Dynasty, we just want to emphasize the law to a simple "behavior - the results of" model design is too complicated, so completely unable to grasp the general public to the illegal everywhere, and always violate a ban. Example, under"Yunmeng Qinjian"records the Qin Dynasty, "sowing the seed per acre and two-thirds with the second bucket; millet and wheat with a bucket; bean two thirds of the bucket; soybean half struggle." "Daniel, ten female, not his sixth child, cheap, stingy husband, Junior of the shield. Ten female sheep, not their fourth child, cheap, stingy husband, Junior of the a shield." That is, if a person is responsible for feeding ten adult cows, one of the six calves is not students, then the person guilty of cattle. If ten adult sheep, four non-reproductive, and the persons have been varying degrees of punishment. Detailed to such a degree the law is to allow ordinary people a very painful thing, so the Qin Dynasty to the legal system is too complicated causes of punishment. Not conducive to building simple, universal legal culture, or the law would not achieve the role of legal culture. Contrary, Liu Bang's "pledge" to get the real sense of the legal identity, get a real sense of the law education. Siam Sian's "Shi Jib emperor of the Millennium" Liu record "and the elders pledge ear: the killer dead; wounding and theft punished for a crime." Qin demise of so many laws, only the penalty for Liu has retained the concept that this is because Liu Bang model to comply with the most simple "behavior - the results of" logic. People simply do not do not worry about the sentencing of murder and sentenced to the results of the strict law presumption, they need only remember the "pledge" is sufficient, and the fact that the social stability of the Han Dynasty and longevity are much better than the Qin Dynasty, which is because of the simple concepts of karma a simple criminal culture.