Chapter 23 3. The true intention of the three chapters of the covenant

"Three Chapters of the Covenant", at first glance, it seems that there are only three things in it: the murderer shall be executed, and the wounding and theft shall be sentenced.Moreover, a judicial interpretation was followed up: "Yu Xi removed Qin Fa." This further deepened this understanding.In fact, things are not that simple. It should be said that Liu Bang played tricks on the introduction of this policy.His so-called "three chapters" are not as simple as "three articles".What Liu Bang simplified was the Qin law, while the law of the Qin Dynasty was based on the "Fa Jing", which was written by Li Kui in the Spring and Autumn Period. , catching methods, miscellaneous methods, and specific methods.According to the later statement of "Book of Jin", this code is "a collection of categories into chapters, and conclusions into chapters".According to the different types of crimes, the chapters are divided into chapters, and the chapters contain specific legal provisions.Just like the current criminal law and civil law, which chapter, which article and which paragraph are the same, it is not a simple six items.The six articles are actually six categories, and how many chapters are divided into each article, and "dozens of things may happen in one chapter" contains many clauses.In this way, Liu Bang's streamlined "three chapters" should contain dozens or even hundreds of clauses, and the content is quite a lot.In other words: the "Three Chapters" promulgated by Liu Bang are not three, but he just wants the people in Guanzhong to think that there are only three.So, why did Liu Bang deliberately confuse the public?

The reason why Liu Bang did this should be a need of the situation at that time.The reason why the world was in chaos at the end of Qin Dynasty was that cruel laws and tyrannical administration were a very important reason.Qin Shihuang's "officials who exterminated rites and friendship, and took full-time punishments" used legalist thinking and emphasized the rule of criminal law. However, because the punishments were too harsh, it also made people panic, so that "the prison is like a market, and the road is filled with sorrow", The harshness of the environment is evident.This is where Liu Bang is so powerful. He has grasped the crux of the problem, and he wants the people to feel the changes quickly in this respect.He knows what the people in Guanzhong are most concerned about and what they need most.In today's terms, this is called conforming to public opinion and gaining the broadest support from the masses.

There are also prerequisites for Liu Bang to do so.All Liu Bang's efforts were actually carried out around the reward mechanism of the phrase "the first to enter the pass is king", which was his ultimate goal at the time, and all the motivation came from this.But in the final analysis, this is just a private agreement between King Xiongxin of Chu and several of their anti-Qin powers, and did not discuss with the Guanzhong elders, just like the Eight-Nation Allied Forces later, arguing to draw their own spheres of influence on the map, I don't care about your feelings in the Qing Dynasty.So the common people don’t necessarily buy it. If you advance to Guanzhong, you will become the king, and we have to listen to you. If you come, it’s not as good as the Tyrant Qin, isn’t it for nothing?

Therefore, the introduction of Liu Bang's "Three Chapters of the Agreement" has many speculative factors in it.This provision is not so much a legal requirement as it is a propaganda slogan.You say that whether he intentionally confuses the public or deceives the people, he can make the people accept him, accept his political ideas, and accept the fact that he will be king in Guanzhong in the shortest possible time. This has undoubtedly succeeded. The common people do not understand the true connotation of the "Three Chapters of the Covenant", and Liu Bang cannot be blamed entirely.Since it is propaganda, it must be concise, easy to understand, and have a certain degree of confusion and provocation, so as to produce a strong effect.Besides, Liu Bang has to consider the audience's own conditions. Guanzhong has a large population, and the education they receive must be different.To put it simply, let the people remember and accept it at once. This is the final result Liu Bang wants, and everything else is nonsense.If the content of these three chapters is printed in a booklet and distributed, or a class is held for the common people to read and learn, it may not be able to achieve this effect.Political proposition is to be simple, direct and clear.In this regard, Liu Bang is not wrong.

The fact is often like this. Nowadays, when we read "Historical Records", we can analyze it slowly, but the common people at that time would not, not only the common people, but also those who were prominent and highly educated, would not think too much about it. Anyway, the current policy is Relaxed, no matter how strict it is, can it be stricter than Qin Shihuang?It's good for me, good for me. So, what is Liu Bang's purpose in doing this?Liu Bang's ultimate goal in doing this is, in the final analysis, to win over the hearts of the people, win the support of the people, and make political and public opinion efforts for him as the king of Guanzhong.

In fact, not only the "three chapters of the agreement", Liu Bang's series of actions after entering Guanzhong are all aimed at the hearts of the people.For example, treat Prince Qin's baby.When Liu Bang marched into Bashang, Prince Ying of Qin went out of the city and surrendered. "Plain chariot and white horse, tied around the neck to form a group", the scene was dull and tragic. Send me to be tolerant. It is ominous to kill someone who has surrendered."King Huai sent me into Guanzhong because he saw my strengths in treating others leniently. Now that they surrendered, they would kill them. Who would dare to surrender in the future?not good.For example, quit Xianyang.When Liu Bang entered Xianyang, he saw the beautiful and luxurious palace. He wanted to live here. After fighting and killing for so long, he should stop and enjoy it. , Return the army to Bashang".Such reluctance to part with one another is actually for people to see, and it embodies a gesture.

Another example is declining rewards.After Liu Bang announced the "Three Chapters of the Covenant", the common people had hope. When they were happy, they slaughtered pigs and sheep one after another to reward the three armies. People.” We have so much food that we can’t finish it, so we don’t bother the folks, with the demeanor and tone of nouveau riche.Do you think the common people can't be moved?So "I am afraid that Pei Gong will not be the king of Qin", and I am afraid that he will not come here to take charge, and the common people are fooled.Liu Bang fought steadily, step by step, in a slow manner, without rushing, and was extremely precise.If people didn't have a certain purpose, they would never be so cautious in doing things.

In order to further explain the real intention of Liu Bang's "Three Chapters of the Covenant", we can take a look at the later development of this decree: Not long after the "Three Chapters of the Covenant", Liu Bang issued another "Order of the Three Yi Clans", which said: "Those who belong to the three tribes should tattoo first, cut off the left and right, and kill them with flogging. Yu Shi. Those who slander and curse, cut off their tongues first." This was called "five punishments" at the time, and Peng Yue and Han Xin were executed in this way.This is not over yet. According to the records of "Han Shu Criminal Law Records", Liu Bang felt that "the law of three chapters is not enough to prevent traitors" when "the barbarians have not yet attached, the military revolution has not stopped" and the world has not been completely unified. , So Xiao He was ordered to "take the law of Qin, whichever is suitable for the time, and write nine chapters of the law."Looking back and referring to the original laws of the Qin Dynasty, combined with the actual situation at that time, the "three chapters of law" were increased to nine chapters.

It can be seen that even Liu Bang himself was dissatisfied with the "Three Chapters of the Agreement" originally released, which further confirms his true intentions in promulgating this policy.The law is always perfected and perfected, with more content and more detailed clauses, which is the progress of the law and the progress of human society.From this point of view, Liu Bang's "Three Chapters of the Covenant" should be an operation that violates the rules. In the final analysis, it is just a temporary trick to buy people's hearts.It can be seen that Liu Bang is politically sophisticated.

Let's take a look at the reason why Xiang Yu burned Xianyang again.