Reading the laws and admiring the rhyme

Author: Wang Mingde
Publisher:
Publish Date: 2001-01-01
Features: The book Reading the Law with Insight left a deep impression. Wang Mingde proposes eight methods for reading the law, which can be considered his experiential insights. What are these eight methods? First is grasping the essence, second is outlining the key points, third is tracing the sources, fourth is cross-referencing, fifth is distinguishing nuances, sixth is balancing the heart (intention), seventh is collecting meanings, and eighth is practicing detachment. Among these eight methods, grasping the essence and outlining the key points both refer to identifying the core. With hundreds or even thousands of legal provisions, there must be some key provisions. Truly understanding these can achieve the effect of learning one and applying it to many, achieving twice the result with half the effort. Additionally, for example, cross-referencing is also a highly important method for comprehending legal provisions. As Wang Mingde stated, "The meaning of the law is precise and rigorous, leaving no room for redundancy. Therefore, its essence is often reflected in various legal provisions." Thus, cross-referencing is essentially a systematic interpretation of the law. In the book, Wang Mingde also discussed the "Law Mother" and "Law Eye." Wang Mingde said: "The law includes the eight characters 'yi, zhun, jie, ge, qi, ji, ji, ru,' each serving as annotations placed at the beginning of the law, labeled as the 'meaning of the eight characters.' They are traditionally referred to as the 'Law Mother.' These eight characters are known as the method of reading the law. Wang Mingde cites the words of the Song Dynasty scholar Su Zijian: 'One must first understand the meaning of these eight characters and achieve a comprehensive and interconnected grasp before discussing the method of reading the law.' In addition to the Law Mother, there is also the Law Eye, which corresponds to it. The Law Eye refers to examples,, but, and, rely, follow, follow with heavier punishment, cumulative reduction, discretionary reduction, reduction for the same crime, the same crime, and, half the punishment,,, the six chart, receiving redemption, etc. These are all key terms in the law and are crucial for understanding legal provisions. Wang Mingde elaborated on the example as follows: 'The example is like the sun and moon shining in the sky, clearly visible to all, and everyone follows and upholds it without daring to defy. It is also beneficial. When the legal authorities present it, the ministers and officials deliberate it. When one person orders it, billions of people obey it. When it is implemented for a day, it gradually becomes a custom and practice, so it is said to be the example.' Here, the example is equivalent to the general principles of modern criminal law, playing a role in the entire criminal law. Wang Mingde fully elaborated on the importance of the example. Among the above Law Eyes, some still guide us today. For example, the principle of 'and,' Wang Mingde said: 'In the case of 'and,' the stolen property is combined into one, and the severity of the crime is determined based on the severity of the property. Each person is punished according to the crime they should receive for the property, so it is called 'and.' Thus, 'and' is the principle of handling property crimes (equivalent to property crimes in modern criminal law) in ancient Chinese criminal law, and this principle is still prevalent in China's current criminal law. Of course, the usage of some words in the Law Eye has some differences from today. For example, ',' Wang Mingde said: 'In the case of ',' there is no legal reduction, but by considering the circumstances and reasoning, it can be reduced. The '' here refers to reducing it because it cannot be reduced, so it is called '.' Here, '' refers to extralegal reduction, equivalent to what we now call discretionary reduction. In modern Chinese criminal theory, reduction is divided into mandatory reduction and discretionary reduction, both of which are legal reductions: mandatory reduction means it should be reduced, and discretionary reduction means it can be reduced. Thus, '' in modern criminal law is different from ancient criminal law. Another example is the word 'but,' which is also frequently used in modern criminal law and is called the 'but clause,' which is divided into transitional but clauses and exceptional but clauses. Generally, it is still used in the original sense of the word 'but.' However, the 'but' in ancient criminal law is different. Wang Mingde said: 'The 'but' is like faintness. It is not necessary to delve deeply into it; just a slight involvement suffices. For example, the color dyeing an object does not need to be deeply dyed or soaked to be clear and distinct; just a slight touch of its difference is enough, and the original appearance is lost, no longer retaining its original color. Therefore, it is called 'but.' In the law, the 'but' is often used to emphasize the severity of the law. This is completely different from the use of virtual meanings in the text as a turning point. For example, in the article on 'plotting rebellion and treason,' it states: 'In the case of plotting rebellion or plotting treason, if anyone participates in the conspiracy, regardless of whether they are the leader or follower, they shall be executed by slow slicing. This article uses the meaning of 'but' to refer to actions already committed or those yet to be committed. In general, the law distinguishes between the severity of actions already committed and those yet to be committed, but this clause does not consider whether the action has been committed or not; if one is present during the conspiracy, they shall be held responsible. This is because it is intended to severely punish conspiracy and rebellion.' The above is a brief excerpt from Wang Mingde's essence of law studies, which reveals the remarkable achievements of ancient Chinese law studies. The subtlety of ancient Chinese law studies lies in the textual interpretation and the explanation of the principles of the law, transcending the barriers of language to grasp the essence of legislation. Although this linguistic study of criminal law differs from the logical study of criminal law, it is still worth inheriting. We read many foreign criminal law textbooks now and draw many references from them, but we read very few books on ancient Chinese law. I am no exception. Although my collection includes several works on ancient Chinese law, I have read very little and borrowed even less. It is merely to satisfy the 'nostalgia for the past,' which is deeply inappropriate. Our current annotations on criminal law provisions are far coarser, more chaotic, and more off-topic than the meticulous, orderly, and relevant explanations of ancient law studies.