Chapter 30 6. For whom to reform

Shang Yang was torn apart by a car. Car splitting is usually called five horses.The method of execution is to tie the victim's head and limbs with a rope, and tie the other end to the horse, and then whip five horses at the same time to split the prisoner's body.It was this kind of torture that Shang Yang suffered, and it was carried out in public, clearly intended to make an example to others. Why did Shang Yang end up like this? Offended Duke Xiao's prince and later King Hui.Previously, in order to promote the new law and maintain the dignity of the law, Shang Yang punished the prince's two masters. The son Jia had his face tattooed, and the son Qian had his nose cut off.Therefore, when duke Xiao passed away and the crown prince ascended the throne, son Qian immediately sued King Hui to report Shang Yang's treason.King Hui originally hated Shang Yang deeply, so of course he would agree as soon as he told him.So he was ordered to be wanted, searched and arrested across the country, arrested and brought to justice, sentenced to death, and exterminated at the same time.

This is the direct cause of Shang Yang's murder. What is the root cause? Confucianism says that it is self-defeating.Because according to the old rule of "Punishment is not for a doctor, courtesy is not for a common man", Shang Yang could have been spared death, at most he was allowed to commit suicide, so that he would not die so badly.It's a pity, but this person just doesn't act like a king, acts overbearing, doesn't practice the rule of etiquette, and practices the rule of law.Then please try it yourself. Is that right? no. That's right, Shang Yang did die because of the rule of law, and he did die by law.For example, reporting others was encouraged by him.Well!The common people will be killed if they don’t report if they know about it, and if they actively report it, it is regarded as a heroic killing of the enemy. Then, if someone hears that you are going to rebel, should you report it?Hehe, don't you advocate equality before the law?

Some people may ask: Is there any evidence to report Shang Yang's rebellion?No.Their original words are called "Shang Jun wants to rebel".What is "desire to oppose"?Want to rebel.Where do you think?Thought.I thought, can you prove it?cannot.Want evidence?don't want.Therefore, to put it bluntly, it is false accusation. Maybe someone will ask again: Can false accusations be established?can.Because Shang Yang's new law only encourages neighbors to report on each other, without saying that there must be evidence.Similarly, Shang Yang did not stipulate that once it is found out that the accusation is false, the whistleblower will be held legally responsible.In short, there are policies that reward reporting, but there are no laws that sanction false accusations.It is not difficult to speculate that under Shang Yang's rule, people who were falsely accused and tortured into tricks must not be unique.

However, now it was Shang Yang's turn. In fact, after Shang Yang was falsely accused, he knew that he couldn't speak clearly, so he had to run away.He ran to the border of Qin State and wanted to stay in a hotel, but he couldn't.The owner of the store said that Shangjun has a rule that all guests staying in the store must show road signs, passports or ID cards.If not, it cannot be taken in.If the guest is taken in illegally, and the guest happens to be a criminal or a criminal suspect, then the innkeeper will also be convicted and punished for whatever crime and punishment this person will receive in the future. Those who have no experience sit on it", referred to as "sit together".The shop owner didn't know that it was Shang Yang who came, and Shang Yang naturally didn't dare to show any certificates, so he sighed and said: "I really didn't expect that the disadvantages of my reform and legislation have come to this extent!"

Shang Yang, who was desperate, had no choice but to rebel seriously.He first fled to the state of Wei, but was sent back to Qin by the people of Wei; he fled to Shangyi, but was exterminated by King Hui.As a rebel, he was killed by the Qin army at the base, and then pulled back to the country and smashed in public. This time, Shang Yang's crime of treason was confirmed. In fact, Shang Yang originally had another way out, which was to defend himself during the trial.Of course it's hard.Facing the charge of "desire to rebel", it is almost impossible to prove his innocence.However, even this last ray of hope does not exist.Why doesn't it exist?Because there is no such thing as the right of defense in the laws of Qin State.Please think about it, when Shang Yang executed more than 700 prisoners on the banks of the Weishui River, these people all went through a public trial, the evidence was verified by the court, and did the lawyers defend them?No.

Obviously, although Shang Yang committed suicide, the root cause of the tragedy was not a problem with the rule of law, but a problem with Qin law.what is the problem?There are only means to maintain the rule of the king, and there are no provisions to protect the rights of the people.The reason is because Shang Yang's law is the king's law, and Shang Yang's way is overbearing.If there is no kingly law, there will be no awareness of civil rights; Therefore, don't think that reform is all right, but for whom, what, and how to reform.Similarly, don't think that legislation is enough, but for whom, what, and how.Without clarifying these fundamental issues, it is not enough and not enough to just say that the law is just and strict.

Unfortunately, these can only be left for the future. In fact, even Shang Yang's reforms will soon no longer be able to meet the needs of kings and heroes.Compared with harsh punishments and harsh laws, they are more interested in intrigues and tricks, self-interest at the expense of others and plundering. Five years after Shang Yang was killed, Zhang Yi entered Qin, and Su Qin served as the commander of the six kingdoms, and the alliance began. Su Qin said to King Yanyi, My lord, I don't speak honesty, It is your blessing, Your Majesty. Those who speak honesty stick to morality,

Who will run for the interests of the king?

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Notes: And, there is a more detailed discussion there.