75 Fu Xing the Criminal Law

A4.27

There was disharmony among the princes, and Marquess Fu Hou the prime minister told King Mu about this situation, so King Mu set up various criminal laws. King Mu said: "Ah, come to me! Those who are granted the state land, I will tell you the complete criminal law. Now you want peace and stability in the people of your land, why should you choose the incompetent people as officials? Why should you respect unreasonable criminal laws? And why should you use them in the inappropriate places? Once the plaintiff and the defendant are both here, and the judge should examine them by hearing both accusation and defense according to the legal provisions of five punishments. If the examination is consistent with the facts, the five punishments are used to convict. If the five punishments are not appropriate, then the five penalties are used to convict. And if the five penalties are not appropriate, the five faults are used to convict. But there are flaws in the cases of five faults, the judicial officers will encounter situations, where even if they have the facts for conviction, but weigh the faults accordingly due to intercession. Whenever a conviction of the five punishments is in doubt to be pardoned, or that of five penalties is in doubt to be pardoned, the officer who is in charge of the reexamination must exercise extra caution before making any decision. The collection of evidence should be in accordance with the people, and there should be evidence during the trial. If there is no sufficient evidence, there should be no doubt, and the authority of heaven must be taken seriously. If there is doubt about the face tattooing penalty and pardon is needed, the fine shall be 100% and the crime shall be investigated and verified. If there is doubt about the punishment of the nose cutting off and it needs to be pardoned, the fine is twice the former, and the crime must be investigated and verified. If there is doubt about the punishment of leg cutting off and it needs to be pardoned, the fine is less than twice the former, and the crime must be investigated and verified. If there is doubt about the punishment of castration and it needs to be pardoned, the fine is 500%, and the crime must be investigated and verified. If there is doubt about the punishment of death and it needs to be pardoned, the fine is 1,000%, and the crime must be investigated and verified. There are 1,000 articles on tattooing, 1,000 articles on nose cutting off, 500 articles on leg cutting off, 300 articles on castration, 200 articles on death penalty, and a total of 3,000 articles on the five punishments. " And this set of criminal law is called "Fu Xing".

诸侯有不睦者，甫侯言于王，作脩刑辟。王曰：“吁，来！有国有土，告汝祥刑。在今尔安百姓，何择非其人，何敬非其刑，何居非其宜与？两造具备，师听五辞。五辞简信，正于五刑。五刑不简，正于五罚。五罚不服，正于五过。五过之疵，官狱内狱，阅实其罪，惟钧其过。五刑之疑有赦，五罚之疑有赦，其审克之。简信有众，惟讯有稽。无简不疑，共严天威。黥辟疑赦，其罚百率，阅实其罪。劓辟疑赦，其罚倍洒，阅实其罪。膑辟疑赦，其罚倍差，阅实其罪。宫辟疑赦，其罚五百率，阅实其罪。大辟疑赦，其罚千率，阅实其罪。墨罚之属千，劓罚之属千，膑罚之属五百，宫罚之属三百，大辟之罚其属二百：五刑之属三千。”命曰甫刑。