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“Not hinting” and “fellow crimes cannot be tolerated” and Confucian ethics
Author: Song Lei (Chinese Academy of Political Science and Law History Research Institute)
Source: “Confucian Research Institute” No. 1, 2023
Abstract: Many scholars believe that Confucian advocates the Confucianism as long as small crimes such as sheep can be tolerated, while serious crimes such as being ungrateful and abused are not tolerated, and trace the source of the fact that serious crimes such as counter-revolution in later laws are not tolerated. However, this view relies on the isolated evidence of the decomposition of two independent cases, which suddenly scrutinizes the reconciliation of the pre-Qin Confucian thinking when solving the two difficult dilemmas of morality. “Felony crimes are not tolerated” and “not tolerate” are quite different in the applicable field and internal energy, and they are even more importantly, the Han Confucians’ thinking and relative principles based on the monarchy are based on the principle of monarchism. In the case where both respect and respect are difficult to have both, Confucianism reversed the balance of rights between the country based on differences in components and relations, and adjusted the relationship and justice in the most restrictive way, laying the foundation for the modern Chinese national ethics.
Author introduction: Song Lei, a postdoctoral fellow in the School of Legal History of China’s Political Science and Law, has made detailed regulations on the Tang Dynasty, which is called “fair and relative” is a major legal system in modern China. It is also advocated and advocated by Confucianism. Therefore, it was specified in the Tang Dynasty law, which is called “fair and respectful”. “Tang Law Commentary: Famous Regulations” reads: “If you live together, if you have a great meritorious family, your grandparents, your husband’s brothers, your brothers and your wife, you will be guilty of being guilty… don’t bother.” [2] However, the Tang Law then restricted the crimes that can be tolerated: “If you commit a crime or a rebellion, you will not eliminate this law.” The later appendix said Baobao.com: “The controversy, big rebellion, and big rebellion, these three things cannot be correlated.” [3] The serious persecution of the monarch, big rebellion and treason are not allowed to be tolerated, and the son has the right to confess. “It can be seen that family and country, loyalty and filial piety are maintained when they are parallel or in conflict with each other, but when the two conflict with each other and cannot overcome the two aspects, the country is the most important, the king is the most important, and loyalty is the most important than filial piety. Therefore, the common sins of the monks are tolerant and do not tell them, but endanger the changes of the country and the country is the same. The king’s serious crime is an exception.” [4] In the Tang Dynasty, the two types of reorganizations, “kindness-related” and “frequent crimes are not tolerated”, are combined to properly resolve the contradiction and conflict between the family and the country, and to “get peace between ancient and modern times” in terms of family and country’s problems [5].
Many scholars, based on the notion of “not obsessed with the 14th year of Zhaogong” in “Zuozhi·Zhaogong”, believed that the Confucian advocacy of the Confucius and Mencius era could only be tolerated by small crimes such as sheep, and those who were guilty of being robbed of the law of abuse of the law could not be hidden, and thus traced the source of the “frequent crimes cannot be tolerated” system in Tang Dynasty., Confucianism at that time had already planned to separate a clear boundary between which sins can be tolerated and which sins cannot be tolerated, and properly resolved the conflicts between the country and the country in the judicial system. [6] But “not obsessed with it” is Confucius’ judgment on a specific case, and it is only used as a pretext to make the above judgment. There are quite a difference between “not being hindered” and “felony crimes are not tolerated” in the applicable field and internal energy, and it is not advisable to directly equal the two. The monarchy, which is based on the “frequent crimes cannot be tolerated” in the Tang Dynasty, has been undermined by the father’s authority on the most basic basis, and the idea of nationalism being more important than family is not completely different from the Confucianism in the era of Confucius and Mencius, and should be the product after the formation of the monarchy.
In recent years, the academic community’s discussion on “separate and related” has been very profound, but the discussion on the dimensions of “not being hindered” and “felony crimes are not tolerated” is still slightly simple, and there is a need to further discuss and identify. A discussion on this problem can enrich Confucian national ethics thinking.
1. Confucianism in the era of Confucius and Mencius solved the two difficulties in morality and was a complex and diverse
“The Book of Words·Zi Lu” read: “When Ye Gong said, Confucius said, “There is a straight bow in my party. His father robbed the sheep, and his son entrusted it.’ Confucius said, “I am so stunned that my party is straight. Then. The one who is different is so. The father is obsessed with the son, and the son is obsessed with the father, and it is straight in this. ’” The “Speech of the Word” reads: “The “Speech” says: ‘Certification is a confession’. ”7 Confucius rejected the view that the son should be obsessed with the father proposed by Duke Ye, and believed that “the father is obsessed with the son, and the son is obsessed with the father” is the expression of “righteousness” and shows the Confucianism’s maintenance of affection. “Zuozhi·Zhaogong’s 14th Year”: When Shuzhu broke the case of Xinghou fighting against Yongzi’s dispute, Shuzhu bared Yongzi because Shuzhu married Yongzi’s daughter and sued him, causing Xinghou, who was originally innocent, to commit crimes to commit crimes, and Xinghou killed Yongzi and Shuzhu. Korean Xuanzi asked Uncle Xiang Ruo, who dealt with the three of them. Uncle Xiang (Shush’s brother) claimed that the three of them were guilty of the same crime, and Shi Shengru died. The result was “I gave the lord Xing and the corpse of Yongzi and Shuji in the market.” In response to this, Zhongni said, “Shuxiang is the straightforwardness of ancient times. When governing the country and punishing punishments, it is not hindered by the emperor. The evil of Shuxiang is not hindered by the emperor.” Because Shuxiang did not protect his younger brother Shuxiang, Confucius called him “not hinderance of ancient times”, which was “the straightforwardness of ancient times”, and realized the Confucian love for justice.
The crimes committed by Shu Yu are obviously more serious than those who rob the sheep mentioned in “Theory of Zilu”, because many scholars have proposed that Confucianism believes that only minor crimes such as sheep can be tolerated, while serious crimes such as being robbed of the law cannot be tolerated, and thus properly deal with the conflict between the family and the country. For example, Yu Ronggen believes that “‘father-son-related and son-related’ is limitless, and what is allowed is only minor meaning. When it comes to the great meaning of the country, monarch, national law, etc., it is not only ‘consistency’, but also ‘majority’.” [8] Ma Zuwu believes that “the reason why the former is hidden is that stealing sheep is a minor fault and has no major obligations… and the latter is the crime of selling laws and tyrants, which is related to the most basic principle.The order of treatment and the benefits” [9]. If this is true, then the violation of the law that is more serious than being abused should be unfair and polite, but this is not the case. According to the “Year Ram Festival: The Second Year of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord of the Lord o
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