Chapter 18 Volume 12 Journal of Criminal Law

Lian Mo said: I have heard the old man say that after the death of Dao, there will be virtue; after the death of virtue, there will be benevolence; after the death of benevolence, there will be righteousness;It is the torturer who has to use it as a last resort.People live in a country, live and support each other, love each other, and they can't control each other, but they can't fight.In contention, the strong will win and the weak will lose, the noble will advance and the lowly will be suppressed, and the spirit of injustice will be depressed in the country, causing chaos.That's why the sage punishes them to intimidate them, so that they can be admonished and not commit crimes, and then they can get peace, and the people have no evil intentions.Therefore, it is said that punishment ends punishment.However, those who practice law are restricted after what has happened, and those who are tolerant of etiquette are applied before it has happened. Therefore, the utility of etiquette is also insignificant, while the utility of law is also obvious.If it is small, it will be effective if it is used far away, and if it is obvious, it will be harmful if it is used for a long time.Therefore, it is said that if the way is governed by politics, and if it is equalized by punishment, the people will be free and shameless.Dao is based on virtue, and harmony is based on propriety. There is shame and integrity.Wuhu!The world is not murky, people are not hazel, can they stay together?Only in good and evil.Taiwan is a land of barren clothes. Our ancestors came to live and gather together, farming and fishing together, without fraud, without any danger, going in and out of each other, watching and helping each other, and supporting each other when sick.But there is a township covenant, but there is no national law, so I don't know how long it has been.In the Ming Dynasty, the Netherlands entered the country, governed and taught, and began to promulgate Taiwan with its laws.The Dutch promulgated this law to Java, and they used it to travel to Taiwan. The scholars are bound by it, and they dare not hesitate.But Guo Huaiyi was angry with his violence and wanted to chase him away. Although things failed, the dead continued, and the grievances deepened day by day, and internal strife continued.As soon as Zheng Shi arrived, the Dutch people were defeated and left.Zheng Chenggong, the king of Yanping County, conquered Taiwan, kept his strength and waited for time, and rested with the people, but the law was strict, and there was no pardon for offenders.The generals thought that at the beginning of the founding of the country, it was appropriate to use lenient codes.King can't.At the beginning, Wang Zaiming set up a criminal palace to manage lawsuits and prisons, followed Ming laws, and set up a marching Sima to manage military affairs.When the king governs the army, he believes that rewards must be punished, and no one dares to commit crimes.In the tenth year of Yongli, Su Mao in Zuo Xianfeng Town was defeated in Jieyang. The king accused Shi Langye of his private indulgence.However, Mao made a lot of achievements, and the generals might think that they were wrong. Wang Nai made a memorial ceremony for himself and said: "Wang Hui is not disloyal to the Han, but he misunderstood the country's plan. Although Emperor Wu could not forgive him. Ma Di was not without merit in Shu, but violated The orders of the three armies, although Marquis Wu can't understand them. The country has no private laws, and I dare to give private favors, and I dare not use private favors to abolish the national laws. Now the national laws are abolished. The generals are convinced after hearing it.After conquering Taiwan, he appointed virtuous and capable officials, consulted the people's sufferings, and the people also abide by the law and serve the public.After the establishment, follow the established law, the people enjoy their work, and the people of Fujian and Guangdong are increasing day by day, doing their best in farming, and living in peace.And after the Western Expedition, Chen Yonghua, the commissioner, used Yuan Zi to restrain and supervise the country.Ke Mingyi is decisive, relatives and nobles are afraid of fear, and Yonghua assists him, making advantages and eliminating disadvantages, and the people return to their virtues.The people of Taiwan are so big.

After the Qing Dynasty took over Taiwan, it promulgated Qing laws.The full law system began in the third year of Shunzhi.Not long after entering the customs, most of them followed the laws of the Ming Dynasty. There were revisions in the Kang and Yong dynasties, and they were greatly prepared in the Qianlong period. They are also the so-called Qing laws.It is divided into six laws: the first is the official law, the second is the household law, the third is the ritual law, the fourth is the military law, the fifth is the criminal law, and the sixth is the industrial law. There are four hundred and thirty-six items and thousands of hundreds of articles.Five punishments: one is answering, the other is stick, the third is disciple, the fourth is flow, and the fifth is death.The Ten Evils: One is treason, the other is treason, the third is treason, the fourth is evil, the fifth is immorality, the sixth is disrespect, the seventh is filial piety, the eighth is disharmony, the ninth is injustice, and the tenth is civil strife.Eight discussions: one is discussing relatives, the second is discussing old friends, the third is discussing merit, the fourth is discussing talents, the fifth is discussing ability, the sixth is discussing diligence, the seventh is discussing nobles, and the eighth is discussing guests.This is to learn from the established methods of the past dynasties.

Taiwan is under the administration of the Fujian Chief Envoy, and separate departments and counties are set up, and their powers are assigned to patrol roads.In the fifty-second year of Qianlong, the imperial edict was added to the rank of inspector to manage litigation and prison.All the people who go to sue should first report to the secretary, write down the matter, submit it to the hall and county, call for an interrogation on a fixed day, and judge whether it is right or wrong.The gentry ordered his wife to ask his family to replace him, which is called suing.Those who are not convinced will be controlled by the government.Not convinced, the way to regain control.However, the case of Taoism will be re-investigated every time the government is ordered, and only the most important ones will be dealt with personally.If the judge refuses to accept it, the province will control it.If you refuse to accept it, you will control Beijing, which is called Kouyan.The emperor couldn't listen to it in person, so he ordered the Ministry of Punishment and the Dali Temple of the Metropolitan Procuratorate to interrogate it, which is the so-called joint trial of the three divisions.The road is far and expensive, and the time has passed, so there must be a huge case of unjust injustice, and it may be the case of Beijing Control.

In the case of life robbery, the court and county interrogated it, took its confession, and combined it with evidence.Those who do not recruit will be punished with punishment.The crimes are drawn up, the case is detailed, and the method of reviewing the details is made by the Taoist. The book is sent to the province for autumn trial, and the priorities are determined.Those who suspect it will be retried.The name of the criminal who intends to die is recorded, and the wife asks the emperor to hook him up. When the Ministry of Civil Affairs arrives, he will be executed on the spot.Those who are not checked will be imprisoned, and if they are pardoned, their crimes will be reduced.The system of prisons is governed by the Department of Classics and History. There are rooms for misdemeanors and serious crimes, which are planned and unplanned.But the prison is filthy, dark, hungry and cold, and sicknesses abound.Prison guards and guards are more blackmailing, and if they refuse to obey, they will be tortured by them, lonely in the vagina, and neighbors with ghosts, what a pity!The criminals who are exiles are determined by their distance: the disciples are as close as Penghu and as far as Quanzhou;When escorted, his face must be tattooed to recognize him. Unless he is graciously pardoned, he will not return for a long time.Madam Xiao Tiandi's appearance, pregnant with the nature of the five constants, intelligent and quintessential, the most spiritual in life.It is because of hardship, or being a thief, or killing someone because of the anger of the dynasty, which should be punished by the law of the country, but forgiven by human feelings.It is also the rule of the people by the sage-king, making wells to support them, setting up a preface to teach them, persuading them to work, cultivating their human relations, entering with filial piety, leaving loyal and trustworthy, Mu Mudidi, and being in harmony.The queen king had no way, abandoned the laws and regulations, failed to punish them, and the laws were as hairy as hair, but they were extorted again and again, and their wealth was exhausted, so that the people were at a loss.This is to obey the law and not allow others to make mistakes.

The various departments and counties of Taiwan recruit and release criminals who ordered robbers. After they arrive at the county for investigation, they will be detained in the prison house and the second prison of the county, and the criminals will be released at any time.As soon as the criminals who were dispatched from the robbery case were sent to the Ministry, they would be assigned by the department and county, and they would be matched with merchant ships at Luer Gate to cross Xiamen.If the criminal is ordered to go directly to the court for interrogation, the criminal will be handed over to Tong'an County.Pick up and deliver to the province one by one, please consult and distribute at a fixed place, so there is no backlog.And in the 19th year of Daoguang, during the battle of the British, the sea was unstable, and the military affairs were handled by Quanzhou in the big government.The Danshui Hall received more than 200 British and Indian soldiers, and they were detained by the county. The government and county second prisons were crowded for a while.Those sent back, such as Taiwan and Feng counties, are still assigned by Luermen, and the rest do not need to be released.Tamsui departs from Balicha, Chiayi connects to Wutiao Port, and Changhua connects to Lugang.However, there are fewer merchant ships coming, and there is not enough distribution, and more and more are accumulated, and it is difficult to raise the cost of the solution.The officials and counties of the halls and counties were transferred to their successors, and the successors, who had no fee to deposit with their predecessors, paid to the high cabinet, and the prisons were full.The fee for the release of criminals in the previous period was paid by the Taiwan Defense Department.In the tenth year of Daoguang, Jiang Yong, the co-prefect of the Department, said that each prisoner would be transferred to the ship for 30 yuan, and the thief would be 20 yuan, and the compensation in the hall would not be paid.Wang Yanqing, the magistrate of the Department, approved half of the county's uniform subsidy for the trial office and county, and lived in peace for several years.In the fourteenth year, Shen Ruhan, the co-prefect of the Department, took the co-presence as a low salary, but refused to pay compensation.And Xu Zongqian was appointed as a soldier to prepare for the road, and the big house was discussed and cleaned up.Zong Gan believed that reducing the cost should be the first priority, followed by the promotion of ship allocation regulations, and the second is to establish a strict deadline.All three are available.Or there will be no more backlogs.Checking the cost of delinquency in the counties of Taiwan, it is several times higher than that of the counties in the interior.Yao Qiandao has greatly increased and reduced the expenses of the yamen in Taiwan. According to the four counties of Dan, Lanertingtai, Feng, Jia and Zhang, please reduce the release fee by four for the new case and six for the old case.If the husband comes out of the water and the person commits a crime, the book has the cost of paper and pen, and the job of guarding it is unavoidable.However, the general plan is still huge, and it seems that it should be like a government meeting, regardless of the old and the new, and then it will be halved, so as not to be trivial.The cost of one thief is less than half of that of the dead criminal, and there are not many of them. The department and county will also ask for a reduction, and I will allow a reduction of four tenths.The Taiwan fee has been reduced, and the departments and counties have also asked to reduce the solution fee along the inland route.When the prisoner arrives in Xiamen, he should pay the approval fee of the Xiamen Defense Department, and the prison fee of Tong'an and other counties, and the amount varies.The Fuxia Defense Department only accepts criminals, and Tong'an and other counties only confine them for one night, so why pay a lot of money?In particular, it should be greatly reduced.Up to now, there are few ships in each port, so it is advisable to follow the old rules and increase the quantity.Thinking about the sentry ship, it is convenient to carry the garrison soldiers to Taiwan, and they must be replaced to carry the soldiers to cross the country.If the allocation is made expediently, the troops will be thickly assembled and can be used for defense, not like merchant ships who dare not deploy more.You should pay half of the boat fare at your own discretion, and share it with the rudder water, so as to reward you.The husband's fee has been reduced, and the ship has been promoted. If the departments and counties dare to push back and delay without limit, they should establish another time limit and record the demerit and withdraw the participation respectively.From then on, the regulations can be clearly established, and the spirit can be refreshed.That is to say, it cannot be imprisoned and empty, or it can be expected to be cleared up gradually.In the book, Dafu follows it.First of all, the Daoists in Taiwan are responsible for ordering the thieves to make judgments on the criminals, and the Daoist criminals who are waiting for prisons are put on trial by the Daoist and transferred to the Department of Criticism and Interpretation.When Zongqian came to the province, he visited the governor all the time, and planned to help other provinces, and transferred from Daoist survey, please avoid the discussion of the secretary.And after returning to Taiwan, I consulted my staff members, and all the criminals were executed in the province. For example, the case should be reviewed by the court. Save one.However, after the survey and approval by the Taoist Administration, it will only send the booklet to the province, and the province will issue the title, and the Ministry will approve it and transfer it to Taiwan.When the army and other criminals are informed to play the case according to the platform, and the division is determined to be distributed, the process is simple and will not be troublesome.Zong Qian used this to Chen Zhi's mansion, and then followed it.

Taiwan's criminal law follows the laws of the Qing Dynasty and is written in the world, so it is not included.The only differences are the law of smuggling relatives, the law of invading foreign lands, and the law of marrying Nafan women.And in the thirteenth year of Tongzhi, Shen Baozhen, the imperial envoy, inspected the station, opened the mountain to support the fan, and asked for the ban to be lifted, and the reclamation business is progressing day by day.At the beginning of Guangxu, Bai Luanqing was the county magistrate in Taiwan. He was good at dealing with robbers. He also set up various instruments of torture. For the mild ones, fingers were cut off, and for the severe ones, he was killed.Luanqing uses Li Rong, the president of Zao, as his eyes and ears, so there is no way for robbers to escape.Rong Sui took the right to accept bribes and take lawsuits.Ding Richang, the governor, thought about his evil and punished him, and the officials were punished for a while.In the early days, the case of Taoist prosecution required a lot of fees and long interrogation, so no litigator dared to come.And Liu Ao, who served as a soldier and prepared for the road, was well aware of the sufferings of the people. On the second and eighth days, he sat in the hall, allowed the people to be prosecuted, and served as a servant. He charged two yuan for each submission, and he went to the trial as he came, and many cases were rehabilitated.Therefore, although Ao was convicted of crimes far away, the people still remember his virtue.In the thirteenth year of Guangxu, after the establishment of the province, the Ministry proposed that Taiwan Daoyuan should add the title of inspector. There is no need to set up a special one. Send it to the hospital in October.The heir will be approved by the governor, and the separation will be postponed. In February and March, the governor will be asked to show the review period, and the official ship will be sent to the south, and the scriptures and files will be sent to Beixiang for office.The governor still consults the governor of Fujian and Zhejiang, and transfers the counseling questions to wait for the imperial edict.In November of the seventeenth year, Shao Youlian, the governor, wrote in a letter, asking the department to rectify the law on the spot based on the robbery case in Taiwan. Now the north and the south are close to each other, and the investigation is quick. Anyone who is not a rebellious bandit is not allowed.