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来源:百度文库 编辑:杭州交通信息网 时间:2024/05/02 08:56:58
太宗时,依旧条疏,兄弟分后,荫不相及,连坐俱死,祖孙配没。会有同州人房强,弟任统军于岷州,以谋反伏诛,强当从坐。太宗尝录囚徒,悯其将死,为之动容,顾谓侍臣曰:‘刑典仍用,盖风化未洽之咎。愚人何罪,而肆重刑乎?更彰朕之不德也。用刑之道,当审事理之轻重,然后加之以刑罚。何有不察其本而一概加诛,非所以恤刑重人命也。然则反逆有二:一为兴师动众,一为恶言犯法。轻重有差,而连坐皆死,岂朕情之所安哉?’更令百僚详议。于是房玄龄等复定议曰:‘案礼,孙为王父尸。案令,祖有荫孙之义。然则祖孙亲重而兄弟属轻,应重反流,合轻当死,据礼论情,深为未惬。今定律,祖孙与兄弟缘坐,俱配没。其以恶言犯法不能为害者,情状少轻,兄弟免死,配流为允。’从之。自是比古死刑,殆除其半。”

When too ancestor, the strip is as before sparse, afterbrothers the minute, the shade not and, are implicated all die, the grandparent and grandchild match do not have. Can have same state person room, the younger brother no matter what series armed forces Yu Minzhou, by plots a rebellion the suffer extreme penalty, is strong when is implicated. Too Zong Changlu the convict, will pity it to die, 为之动容, Gu Wei will wait on the feudal official to say: ' The punishment standard still used, to cover fault of the decency not Qia. Fool what crime, but four severe sentences? 彰 I not Germany. Tortures the road, when examines weight of the affair, however add-on by penalty. What has does not observe its but totally Canada to execute, non- therefore pities the punishment heavy human life. Then counter- counter has two: One for drags in lots of people, one violates the law for the malicious talk. The weight has the difference, but is implicated all dies, how can it be that does my sentiment settle?' Makes hundred 僚 in a detailed way to discuss. Thereupon Fang Xuanling and so on the duplicate final decision said that, ' Document ritual, Sun Weiwang father corpse. The document command, the ancestor has righteousness of the shade grandson. Then the grandparent and grandchild kiss but brothers to be heavily lightly, should the heavy regurgitation, gather lightly when dies, discusses the sentiment according to the ritual, deeply for has not been satisfied. Now the law, the grandparent and grandchild and brothers the reason seat, all matches does not have. It violates the law by the malicious talk cannot damaging, the situation is little light, brothers exempt die, exile to a far away place for permit.' From it. From is compared to the ancient death penalty, the danger eliminates its half."

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